英文合同模板 篇1
租 赁 合 同- LEASE CONTRACT
出租人LESSOR: ______________
(以下简称甲方Hereafter referred to as “PARTY A”)
电话Tel:______________ 手机Mobile:______________
承租人LESSEE:
(以下简称乙方Hereafter referred to as “PARTY B”)
通讯地址Mail Add:
电话Tel: 传真Fax:
住客姓名The occupants of the premises will be:
甲、乙双方经协商一致,订立本合同。合同内容如下:
This lease has been mutual agreed and set up by PARTY A and PARTY B as the following:
1. 出租物业The Premises to be leased are described as follows:
地址Location:
面积Area:
电话Tel: _____条IDD直线, ____ IDD lines
2 租金Rental:
2.1租金每月为 元整, 形式支付
PARTY B shall pay as rent the sum of ; i.e.RMB per month.
2.2租金包括家具和电器的配置(详见附件), 供暖费, 物业管理费、水费,电费,+煤气费、健身卡、卫星收视费。 The Rent includes the Furniture、the Electrical Appliances (see Appendix A), Heating Fee, Management fee,water fee , electricity fee, gas fee,Fitness card,Satellite TV service fee.
2.3租金应在入住前及此后每月的 号前支付。甲方应在收到租金后向乙方开具正式发票。甲方应每月提前向乙方发出支付租金的书面通知。
The first rental shall be paid before moving in and the following rental shall be paid before the th of each succeeding 1 month’ term. PARTY A shall issue to PARTY B official invoice (Fapiao) upon receiving the rental. Party A shall send prior written notice to Party B for monthly rental payment request.
2.4租金以人民币支票或转账形式支付.
Rental is payable in Ren Min Bi by check or by bank transfer.
2.5 在本租约有效期内,租金不予调整。
Rent will not be modified during the term of this Lease Agreement.
3 押金 Deposit:
3.1乙方须支付相当于两个月房租的押金(即RMB ), 以人民币支票或转帐形式支付)。甲方应在收到押金后向乙方开具统一收据。
A deposit of two (2) months’ equivalent rental (RMB ) shall be paid by PARTY B in RMB by check or by bank transfer. PARTY A shall issue to PARTY B official receipt upon receiving the deposit.
3.2押金在合同终止后10天内由甲方以相同币种全额退还给乙方(不计利息)。如果延期返还,则每延期一日,按每日万分之四支付给乙方利息。
The deposit shall be refundable in full amount in 10 days after the contract expiration, in same currency and excluding interest thereupon. In case PARTY A delays the refund of the deposit, PARTY A shall pay interest to PARTY B at the rate of 0.04% per day of delay.
3.3甲方应按时付清各种帐单。若以上出租房屋及其家具、设备等因乙方原因出现遗失或非正常的损坏,乙方应负责赔偿。
PARTY A shall pay off on time all the bills due. In case there is any loss or unusual damage to the furnishings, contents or the rental premises due to PARTY B’ s reason, PARTY B shall compensate for it.
4 租期 Lease term:
乙方租用出租房屋期限为 1 年,即自 年 月 日至 年 月 日。
From 16 July 20xx to 15 July 20xx for one (1) year.
5 出租人的责任 PARTY A’s obligation:
5.1 3甲方声明及保证甲方为该出租房屋的合法拥有人,有合法地位出租此房屋,并就出租事宜已取得有关方面的批准。
PARTY A assures to be the legal owner of the leased premises, to have the necessary legal capacity to lease it, and PARTY A’ action has been ratified by the authorities concerned.
5.2租赁期内,若甲方出售该出租房屋导致该出租房屋所有权发生转移,甲方须保证本合同能继续执行。
In case PARTY A sells the premises during the lease which leads to the premises ownership be transferred, PARTY A shall ensure that the said contract will be implemented continuously.
5.3甲方须按时将清洁状况良好的出租房屋交付乙方使用,保证在租赁期内出租房屋内的各项设施能正常使用。 PARTY A shall hand over the said premises to PARTY B on time and assure the said premises will be cleaned and in good status during the lease term.
5.4甲方有义务负责出租房屋及设施的正常维护和保养,如房屋或设施非因甲方原因出现故障,甲方应在收到乙方通知后二十四(24)小时内自行或通过其他方式解决故障,否则,乙方有权雇佣第三方进行维修,由甲方承担所有费用并承担相关责任。由于不可抗力(如地震、台风、洪水、非人为的火灾等)、自然损耗或乙方以外的原因造成的损坏,亦由甲方承担有关费用。
PARTY A shall bear the responsibility of the said premises’ normal repairs and maintenance, and pay the cost related. In case the premises or facilities are in bad conditions not due to the reason of PARTY B, PARTY A shall complete the repair work within 24 hours upon receipt of the notice from PARTY B. Otherwise, PARTY B shall have the right to hire any third parties for the repair work at the cost of PARTY A. The cost of repairs to the said premises, if damaged by Force Majeure (such as earthquake, typhoon, flood non-man made fire, etc) reasonable wear and tear or by accidents beyond PARTY B’S control, should also be borne by PARTY A.
5.5租赁期内,在乙方遵守合同及支付租金的前提下,未经乙方允许,甲方不得进入该出租房屋。
During the lease, PARTY A shall not get in the said premises without PARTY B’S permission if PARTY B has been carrying out the contract normally.
5.6甲方应督促管理公司向乙方提供足够的服务,如冷水、热水、煤气,电的供应及各种设备的正常工作。 Party A shall direct Property Management Company to provide sufficient and continuous services to Party B, including provision of cold water, hot water, gas and electricity and ensure proper maintenance of equipment therein.
5.7 房产税及与租赁有关的所有税费由甲方承担。
Premises tax and other leasing related taxes shall be paid by PARTY A.
6 承租方的责任 PARTY B’S obligations:
6.1 乙方申明及保证其在中国拥有合法居留权,并按有关规定办理必要的居住登记手续。
PARTY B assures to have the legal right of residence in China, and shall complete the residential formalities complying with the local regulations.
6.2 住客应按时支付电话费含上网费、水电煤气费。
The occupant shall pay the telephone bills and internet fee, extra water electricity gas fee on time.
6.3 乙方只能将出租房屋用做住宅,不得将之用作公司及代表处的注册地址,亦不可作为公开的办公室。 The premises are limited for residential use only by PARTY B, and are prohibited from registering as legal address for any company or agency, or using as public office.
6.4 乙方不得在出租房屋内进行违反法律及政府对出租房屋用途有关规定的行为。
PARTY B shall not carry in the premises any unlawful or illegal activities which are not allowed according to the leasing regulations from the government.
6.5 租赁期内,未经甲方书面同意,乙方不得将出租房屋部分或全部转租他人。
PARTY B shall not partly or totally sublet the said premises without the written permission from PARTY A.
6.6 若因乙方使用不当或不合理使用,出租房屋及其内的设施出现损坏或发生故障,乙方应及时联络管理机构或甲方进行维修,并负责有关维修费用.
The damage of the premises or the fittings that are within the control of PARTY B shall be borne by PARTY B, and PARTY B shall contact the management office or PARTY A instantly.
6.7 租赁期内,乙方对出租房屋进行装修或增加水、电、消防等设施,须经甲方同意并经有关部门批准,并由甲方执行监理,所需费用由乙方承担。双方解约时,乙方不能移走自行添加的结构性设施,甲方亦不必对上述添加设施进行补偿。
PARTY B, upon written permission of PARTY A, may make additions or alterations dealing with water,
electricity supply or fire protection, at his own expense, subject to necessary permits or licenses required by the authorities concerned and under the supervision of PARTY A .No structural alterations or additions can be removed from the premises upon the expiration of this contract. No reimbursement for the said additions.
6.8 乙方有权在墙壁上悬挂画、图片或其他装饰性物品。合同履行期限届满或提前解约时,甲方应承担费用拔掉钉子、粉刷墙壁或使墙壁恢复原状,并承诺不以此为由扣留乙方的押金。
PARTY B is entitled to hang pictures, paintings or other decorative articles on the walls. Upon expiration or early termination of the contract, PARTY A shall bear the cost to remove the nails, repaint the wall or restore the wall to the original state, and PARTY A shall not retain PARTY B’S deposit for the reason of doing things above.
6.9租赁合同期满的前一个月内,经合理事先书面通知,乙方应允许甲方或其授权人 引领潜在客人参观在出租房屋。
During the last month of the contract, after reasonable prior written notice to PARTY B, PARTY A or his nominee shall be allowed to show the said premises to the potential clients.
6.10 租赁期满,若甲,乙双方未达成续租协议,乙方应于租期届满时或之前迁离出租房屋并将钥匙及清理干净的房屋归还甲方.
PARTY B shall return the premises in a clean condition to PARTY A (except wear and tear) at the expiration of the contract if there is no renewal thereupon.
7 提前解约Early termination:
7.1六(6)个月后,乙方如要退租,应提前一(1)个月书面通知甲方终止本租约。在此情况下,甲方应在本租约终止后十(10)日内将押金全额退还乙方。
After six (6) months, Party B may, upon one (1) month advance written notice to Party A, terminate this
Tenancy Agreement without any liabilities. Under this circumstance, Party A shall return the deposit in full to Party B within ten (10) days after the termination.
7.2 若因自然界的不可抗力,如火灾、洪水、台风、地震、战争等意外损害导致出租房屋无法居住,合同即自动终止,甲、乙双方互不承担责任。
If the said premises are so damaged by force majeure (fire, flood, typhoon, earthquake, war, and etc) that it’s no longer habitable, the contract shall be terminated automatically. Neither PARTY A nor PARTY B shall bear any responsibility to each other.
8 续租 Renewal:
租赁期满,乙方有优先续租权,但须提前一个月通知甲方,并安排签订续租合同。
PARTY B retains the priority to renew this lease upon expiration , while one-month prior notice to PARTY A is necessary, and PARTY A shall arrange the signature for the renewal contract.
9 争议的解决 Dispute Resolution:
9.1 本合同适用法律为中华人民共和国相关法律。
The contract is governed by the laws of the People’s Republic of China.
9.2在履行本合同过程中产生的任何争议由双方协商解决,协商不成,可向中国国际经济贸易仲裁委员会(北京)申请仲裁。
In case of any dispute arising out of the performance of this Contract, PARTY A and PARTY B shall consult
together to reach unanimity, otherwise both parties can submit the dispute to the China International Economic and Trade Arbitration Commission (Beijing) for arbitration.
10 其他Others:
10.1本合同以中英文两种文字拟成,两种文本同等有效。
The contract is drawn in both Chinese and English versions. Both texts have equal effect.
10.2 本合同一式二份,甲、乙双方各执一份。
Two copies of the contract will be drawn and remained in the possession of PARTY A & PARTY B. 10.3本合同自签定之日起生效。
The contract shall come into force on the date of signature.
10.4本合同的附件是本合同必不可少的组成部分。附件一列明的物品在甲、乙双方核实签字后生效。
The appendix is an indivisible part of this contract. Details listed in appendix 1 shall not come into affect until being checked and signed by both PARTY A and PARTY B.
11 签章 Signatures and official marks:
甲方 乙方
PARTY A: PARTY B:
授权代表: 授权代表人:
Authorized representative: Authorized representative:
盖章: 盖章:
Seal: Seal:
日期 日期
英文合同模板 篇2
Contract No.: ________________________.
Date of Signature: ____________________.
Place of Signature: ____________________.
This Contract is made and entered into through friendly negotiation by and between China ____________________ (hereinafter referred to as “Client”), as one party, and____________________ (hereinafter referred to as “Consultant”), as the other party, concerning the technical consultancy service of__________, under the following terms and conditions:
Article 1 Contents of Technical Consultancy Service
1.1 Whereas Client desires to obtain the technical consultancy service from Consultant and Consultant has agreed to perform such services.
1.2 The Scope of Technical Services is defined in Appendix 1.
1.3 The Time Schedule for the Services is shown in Appendix 2.
1.4 The Manning Schedule is described in Appendix 3.
1.5 Consultant shall complete the Services within __________months from the Effective Date of this Contract and furnish the final technical service report, including drawings, designing documents, all kinds of standards and photos, within ____ months. Consultant shall keep aware, free of charge, Client of the latest development of similar projects and any progress made in order to improve the designing of the project.
Article 2 Both Parties' Responsibility and Liability
2.1 Client shall furnish to Consultant the pertinent data, technical service reports, maps and information available to him and shall give Consultant the reasonable assistance necessary for carrying out of his duties. Particularly Client shall nominate a general representative who shall be available at reasonable time.
2.2 Client shall assist Consultant with the responsible authorities for obtaining visas, work permits, and other documents required by Consultant to enter the country and to have access to the Site of the Project. The above expenses shall be borne by Consultant.
2.3 Consultant shall furnish a sufficient number of competent personnel to perform its obligation hereunder, in addition to those personnel specifically listed in Appendix 3. All personnel employed by Consultant in carrying out the work shall be exclusively Consultant's responsibility, and Consultant shall hold Client harmless from any claims of any kind by Consultant's personnel arising out of any acts by Consultant or its personnel in connection with the work performed hereunder.
2.4 Consultant shall provide Client with all the technical service reports and relevant documentation within the Scope of Technical Services and within the Time Schedule for the Services.
2.5 Consultant shall assist Client‘s personnel in his country in obtaining visas and in arranging lodgings. Hotel and boarding expenses shall be borne by Client. Consultant shall supply Client’s personnel with office space and necessary facilities as well as transportation.
2.6 Consultant shall be responsible for and shall indemnify Client and his employee in respect of injury to person or damage to property occurring in connection with the services, to the extent that such damage or injury directly results from negligence of Consultant's personnel while engaged in activities under this Contract. Consultant shall be liable only to the work under this Contract.
2.7 Any and all liability of Consultant with respect to this Contract shall be limited to the Total Contract Price received by Consultant for his profession services and shall terminate upon expiration of the warranty period set forth in Article 7.3.
Article 3 Price and Payment
3.1 The total contract price is__________(say __________________only) in ________(currency). The breakdown prices of the above mentioned total contract price are as follows:
Contract Price for Item 1: ______(say ____________only) in________ (currency);
Contract Price for Item 2: ______(say ____________only) in________ (currency);
Contract Price for Item 3: ______(say ____________only) in________ (currency);
Contract Price for Item 4: ______(say ____________only) in________ (currency).
3.2 The total contract price shall include all the service and technology provided by Consultant. The total contract price shall be firm and fixed and shall not fluctuate with any inflation. The total contract price shall include all charges and expenses incurred by Consultant in performing his obligations both in his own country and in the People's Republic of China and includes the expenses incurred in sending the Technical Documentation to Client's office by all kinds of forms.
In the event of Force Majeure as defined in the Contract, the total contract price shall be readjusted through friendly negotiations between the parties. If Client requires services not contemplated in the Scope of Services, the parties shall friendly discuss an amendment to the total contract price. Any such amendment shall be in writing countersigned by both parties. This document shall then form integral part of the Contract.
3.3 All payments to be made by Client to Consultant under the present Contract shall be made by telegraphic transfer. In case of any payment by Client, the payment shall be effected through __________ in China to _________ for the account of Consultant.
In consideration for the services provided by Consultant hereunder, Client shall effect the payment to Consultant in accordance with the following manner and percentage:
3.3.1 _______ percent (________ %) of the total contract price, i.e._____________ (Say: ________ only), shall be paid by Client to Consultant within ________ (____) days after the client has received the following documents provided by Consultant and found them in order.
A. One (1) original and two (2) duplicate copies of Consultant's government approval, or a written statement of the competent authorities or relevant agency of Consultant's country certifying that such document is not required;
B. One (1) original and one (1) duplicate copy of Irrevocable Letter of Guarantee for advance payment issued by Consultant's Bank in favor of Client covering_______(Say:________ only), specimen of which is as per Appendix 4;
C. Five (5) copies of profoma invoice covering the total contract price;
D. Five (5) copies of manually signed commercial invoice indicating the amount to be paid;
E. Two (2) copies of sight draft.
The said shall be delivered by Consultant not later than ____days after the effective date of the ________present Contract.
3.3.2 ________percent (____%) of the Contract price for Item 1, i.e._________ (Say: __________ only) shall be paid by Client to Consultant within _____ (__) days after Client has received the following documents provided by Consultant and found them in order.
A. Ten (10) copies of technical service report on Item 1;
B. Five (5) copies of manually signed commercial invoice indicating the amount to be paid;
C. Two (2) copies of sight draft.
3.3.3 ________ percent (____%) of the Contract price for Item 2, i.e. ___________ (Say: ____________ only) shall be paid by Client to Consultant within ________ (___) days after Client has received the following documents provided by Consultant and found them in order.
A. Ten (10) copies of technical service report on Item 2;
B. Five (5) copies of manually signed commercial invoice indicating the amount to be paid;
C. Two (2) copies of sight draft.
3.3.4 ________percent (____%) of the Contract price for Item 3, i.e._________ (Say: __________ only) shall be paid by Client to Consultant within _____ (__) days after Client has received the following documents provided by Consultant and found them in order.
A. Ten (10) copies of technical service report on Item 3;
B. Five (5) copies of manually signed commercial invoice indicating the amount to be paid;
C. Two (2) copies of sight draft.
3.3.5 ________percent (____%) of the Contract price for Item 4, i.e._________ (Say: __________ only) shall be paid by Client to Consultant within _____ (__) days after Client has received the following documents provided by Consultant and found them in order.
A. Ten (10) copies of technical service report on Item 4;
B. Five (5) copies of manually signed commercial invoice indicating the amount to be paid;
C. Two (2) copies of sight draft.
3.3.6 ________percent (____%) of the Total Contract price, i.e._________ (Say: __________ only) shall be paid by Client to Consultant within _____ (__) days after Client has received the following documents provided by Consultant and found them in order.
A. Five (5) copies of manually signed commercial invoice indicating the amount to be paid;
B. Two (2) copies of sight draft.
3.4 In case Consultant is liable for paying to Client the penalty under the Contract, Client shall have the right to deduct it from any said payment.
3.5 The banking charges of both parties incurred in China for the execution of the Contract shall be borne by Client and those incurred outside China shall be borne by Consultant.
Article 4 Delivery Schedule
4.1 The deadline for the arrival of the Technical service reports CIF _____ is:
A. Technical service report on Item 1: _________months after effectiveness of the Contract;
B. Technical service report on Item 2: _________months after effectiveness of the Contract;
C. Technical service report on Item 3: _________months after effectiveness of the Contract; and
D. Technical service report on Item 4: ________months after effectiveness of the Contract.
4.2 Consultant shall inform Client by fax when the Technical service reports are airmailed to Client indicating the date and number of airway bill. Client shall inform Consultant when the Technical service reports have been received.
4.3 Should any document be missing or damaged during the transport, Consultant shall be notified accordingly and within two (2) weeks the missing or damaged document shall be replaced by Consultant free of charge.
Article 5 Confidentiality
5.1 All data assembled, developed, compiled, reproduced, studied, and prepared in connection with the work done hereunder and furnished to Consultant by Client shall be considered confidential and shall not be divulged to any person, firm or corporation other than Client or its designated representatives. This Clause shall remain binding on Consultant notwithstanding the termination of the Contract for any reason.
5.2 Within the validity period of Contract, both parties shall take proper measures to keep the materials or information strictly confidential. The other party shall not disclose or divulge to any third party without prior written consent of one party.
5.3 Either party shall be obliged to keep confidential any secret information of the other party, which either party and its personnel may obtain or be accessible to in the course of the performance of Contract. Either party shall not make use of or disclose such secret information obtained from the other party without prior written permission issued by the other party.
Article 6 Taxes and Duties
6.1 All taxes and duties in connection with and in the execution of Contract levied by the Chinese government on Client in accordance with the tax laws of PRC shall be borne by Client.
6.2 All taxes and duties levied by the Chinese government on Consultant, in connection with and in the execution of Contract, according to Chinese tax laws and the agreement between the government of PRC and the government of Consultant's country for the reciprocal avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income shall be borne by Consultant.
Client is legally obliged to withhold, as a withholding agent, the amount of taxes pro rata each taxable payment under Contract and pay them to the relevant Chinese tax authorities. After receiving the tax receipts issued by the relevant Chinese tax authorities for the aforesaid withholding taxes, Client shall forward them to Consultant without undue delay.
6.3 All taxes and duties arising outside PRC in connection with and in the execution of Contract shall be borne by Consultant.
Article 7 Warranty
7.1 Consultant warrants that he has the experience and capability to efficiently and expeditiously perform the services in a satisfactory manner and that the services performed by him under this Contract shall be performed by competent personnel in accordance with accepted standards.
7.2 In the event of a failure of Consultant to provide Client with satisfactory services within the scope of work described in Appendix 1 at any time for any reason within the control of the Consultant, Client may notify Consultant of such dissatisfaction. Consultant shall be afforded a period of _____ days to correct or remedy the matter. Should Consultant within the time afforded by Client fail to correct or remedy the matter to the satisfaction of Client, all charges shall cease forthwith until such time as Consultant is able to provide satisfactory services in accordance with the Scope of work described in Appendix 1.
7.3 The Consultant‘s guarantee liability shall expire _____ months after its consultancy service is finally inspected and accepted by Client, or after final payment is made.
Article 8 Ownership of Technical Service Reports
8.1 Final version of the technical service report submitted to Client and all relevant data such as maps, plans and supporting material compiled in performing the Scope of Services, shall be the property of Client. Such materials shall be sorted and indexed by Consultant prior to transmission to Client.
8.2 Consultant shall be permitted to retain copies thereof, provided however that such materials, including the material furnished by Client as stated in Article 5 of this Contract, shall not be used by Consultant for purposes not related with this Project without the prior written approval of Client.
Article 9 Assignment
9.1 Neither Client nor Consultant shall assign or sublet their rights or obligations hereunder without the prior written consent of the other party.
Article 10 Termination
10.1 If, due to the responsibility of Consultant, the technical service reports have not been delivered at dates according to the delivery schedules as stipulated in Article 4 of the Contract, Consultant shall be obliged to pay to Client penalty for such delay in delivery at the following rates:
A. ______ percent (____%) of the total contract price per week for the first four weeks;
B. _____ percent (____%) of the total contract price per week from the fifth week to the eighth week;
C. ______ percent (____%) of the total contract price per week from the ninth week of delay.
Odd days less than one (1) week shall be counted as one (1) week for calculating the liquidated damage.
10.2 The total liquidated damage for late delivery shall not exceed ______ percent (____%) of the total contract price. Payment of the liquidated damage for late delivery shall not release consultant from its obligation to deliver technical service reports.
10.3 Client may, without prejudice to any other remedy for Consultant's following breach of Contract, terminate Contract in whole or in part by a written notice of default send to Consultant, if Consultant
A. Fails to deliver any or all of technical service reports within______(____) days after the scheduled delivery date as specified in Article 4; or
B. Fails to make the technical service reports meet the minimum level of Acceptance Standards as specified in Appendix 1.
Consultant shall refund to Client all the payments effected by Client to Consultant plus an interest at the rate of______ percent (____%) per annum in case of such a termination.
10.4 Either party may, without prejudice to any other remedy, terminate Contract in whole or in part by a written notice send to the other party, if the other party.
A. Fails to perform its confidentiality obligation under Contract; or
B. Fails to perform any other obligations under Contract except minor parts thereof, and does not remedy for its failure within a period of______ (____) days upon receipt of the written notice or a period agreed upon between the parties;
C. Becomes bankrupt or insolvent; or
D. Affected by any event of Force Majeure for more than ______ days.
Article 11 Force Majeure
11.1 Should either party be prevented from performing any of its obligations under Contract due to event of Force Majeure, such as war, serious fire, typhoon, earthquake, flood and any other events which could not be expected, avoided and overcome, the affected party shall notify the other party of its occurrence by fax and send by registered airmail a certificate issued by the competent authorities or agency within fourteen (14) days following its occurrence.
11.2 The affected party shall not be liable for any delay or failure in performing any or all of its obligations due to the event of Force Majeure. However, the affected party shall inform the other party by fax the termination or elimination of the event of Force Majeure without delay.
11.3 Both parties shall proceed with their obligations immediately after the cease of the event of Force Majeure or removal of the effects. The validity period of Contract and/or the scheduled period for relative execution of Contract shall be extended correspondingly.
Article 12 Arbitration
12.1 Any dispute arising from or in connection with this Contract shall be submitted to China International Economic and Trade Arbitration Commission,Shenzhen Sub-commission for arbitration in accordance with the Commission's arbitration rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon both parties and the applicable law is the material law of P.R.C.
12.2 Notwithstanding any reference to arbitration, both Parties shall continue to perform their respective obligations under the Contract unless otherwise agreed.
Article 13 Language and Standards
13.1 Correspondence except this Contract between Client and Consultant, data and documents made available by Client to Consultant and the technical service reports and drawings prepared by Consultant shall be in the English language.
13.2 Measures shall be written in the metric system.
Article 14 Governing Law
14.1 The construction, validity, and performance of this Contract shall be governed by the laws of the People's Republic of China.
Article 15 Effectiveness of the Contract and Miscellaneous
15.1 Both parties shall make effort to obtain the approval from the respective authorities, if necessary, within thirty (30) days after Contract is signed by the authorized representatives of the two parties. Either Party shall notify in writing the other party of the approval date. The later date of approval shall be taken as the Date of Effectiveness of Contract.
15.2 Contract shall be valid and remain in force for_______(____) years from the Date of Effectiveness.
15.3 The outstanding credit and debt between the parties under Contract shall not be affected upon the termination or expiration of Contract.
15.4 Appendices hereof shall be integral parts of Contract and have the same legal force as the text of Contract itself. The text of Contract shall prevail in case of any discrepancies between the text of Contract and Appendices.
15.5 All amendments, supplements, subtractions, or alterations to Contract shall be made in written form and become valid upon the signature of the authorized representatives of both parties. The valid amendments, supplements, subtractions, or alterations shall from an integral part of Contract and shall have the same legal force as the text of Contract.
15.6 All communications between the parties shall be in English in written form during implementation of Contract. Faxes concerning important matters shall be confirmed timely by registered or express mails.
15.7 The Contract is made in two counterparts each in Chinese and English, each of which shall deemed equally authentic. The Contract is in four (4) originals, two (2) for the Buyer and two (2) for the Seller.
Client: ________________________________________________.
Address: ______________________________________________.
Post Code: ____________________________________________.
Telephone: ________________. Fax: _________________.
E-mail: _______________________________________________.
Authorized Representative signature: ____________________.
Signing Date: __________________________________________.
Consultant: ____________________________________________.
Address: ______________________________________________.
Post Code :____________________________________________.
Telephone: ________________. Fax: _________________.
E-mail: _______________________________________________.
Authorized Representative signature: ___________________.
Signing Date: __________________________________________.
英文合同模板 篇3
LEASE CONTRACT(租赁合同)
出租方(甲方)Lessor (hereinafter referred to as Party A):
承租方(乙方)Lessee (hereinafter referred to as Party B):
根据国家有关法律、法规和有关规定,甲、乙双方在平等自愿的基础上,经友好协商一致,就甲方将其合法拥有的房屋出租给乙方使用,乙方承租使用甲方房屋事宜,订立本合同。
In accordance with relevant Chinese laws 、decrees and pertinent rules and regulations ,Party A and Party B have reached an agreement through friendly consultation to conclude the following contract.
一、物业地址 / Location of the premises
甲方将其所有的位于 房屋及其附属设施在良好状态下出租给乙方使用。
Party A will lease to Party B the premises and attached facilities owned by itself which is located at_____________________________________________________________and they must be in good
二、房屋面积 / Size of the premises
出租房屋的登记面积为 平方米(建筑面积)。
The registered size of the leased premises is __________ square meters (Gross size).
三、租赁期限 / term of lease
租赁期限自年月日起至 年 月日止,为期 年,甲方应于 年 月 日将房屋腾空并交付乙方使用。
(year).
四、租金/ Rental
1. 数额:双方商定租金为每月元整。乙方以汇款的形式支付给甲方。
RMB per month. Party B will pay the rental to Party A in the form of remittance .
2. 租金按月为壹期支付;第一期租金于_______年_____月_____日以前付清;以后每期租金于每月的______日以前缴纳(以汇出日为支付日,汇费由汇出方承担),先付后住, 甲方收到租金后予书面签收。。
Payment of rental will be one installment month(s). The first installment will be paid
before_______ (month) ______ (day) __________ (year). Each successive installment will be paid (day) each month .Party B will pay the rental before using the premises and attached facilities , Party A will issue a written receipt after receiving the payment
3、如乙方逾期支付租金超过十个工作日,则每天以月租金的0.5%支付滞纳金;如乙方逾期支付租金超过十五天,则视为乙方自动退租,构成违约,甲方有权收回房屋,并追究乙方违约责任。 In case the back payment is more than 10 work days, Party B will pay 0.5 percent of monthly rental as overdue fine every day, if the rental be paid 15 days overdue, Party A will deem that party B has quitted the lease and breach the contract. In this situation, Party A has the right to take back the premises and take actions against party B’s breach.
五、押金 / Deposit
1.为确保房屋及其附属设施之安全与完好,及租赁期内相关费用之如期结算,乙方同意于月元整,甲方在收到押金后予以书面签收。 Guarantying the safety and good conditions of the premises and attached facilities and account of
receipt after receiving the deposit.
2. 除合同另有约定外,甲方应于租赁关系解除且乙方迁空、点清并付清所有应付费用后的当天将押金全额无息退还乙方。
Unless otherwise provided for by this contract, Party A will return full amount of the deposit without interest on the day when this contract expires and party B clears the premises and has paid all due rental and other expenses.
3. 因乙方违反本合同的规定而产生的违约金、损坏赔偿金和其它相关费用,甲方可在押金中抵扣,不足部分乙方必须在接到甲方付款通知后十日内补足。
In case party B breaches this contract, party A has right to deduct the default fine, compensation for damage or any other expenses from the deposit. In case the deposit is not sufficient to cover such items, Party B should pay the insufficiency within ten days after receiving the written notice of payment from Party A.
4. 因甲方原因导致乙方无法在租赁期内正常租用该物业,甲方应立即全额无息退还押金予乙方,且乙方有权追究甲方的违约责任。
If Party B can’t normally use the apartment because of Party A, Party A should return the deposit to Party B at once. And, Party B has the right to ask for the compensation from Party A.
六、甲方义务 / Obligations of Party A
1.甲方须按时将房屋及附属设施(详见附件)交付乙方使用。
Party A will provide the premises and attached facilities (see the appendix of furniture list for detail) on schedule to Party B for using.
2. 房屋设施如因质量原因、自然损耗、不可抗力或意外事件而受到损坏,甲方有修缮并承担相关费用的责任。如甲方未在两周内修复该损坏物,以致乙方无法正常使用房屋设施,乙方有权终止该合约,并要求退还押金。
In case the premise and attached facilities are damaged by quality problems, natural damages or
accidents, Party A will be responsible to repair and pay the relevant expenses. If Party A can’t repair the damaged facilities in two weeks so that Party B can’t use the facilities normally, Party B has the right to terminate the contract and Party A must return the deposit.
3. 甲方应确保出租的房屋享有出租的权利,如租赁期内该房屋发生所有权全部或部分转移、设定他项物权或其他影响乙方权益的事件,甲方应保证所有权人、他项权利人或其他影响乙方权益的第三者能继续遵守本合同所有条款,反之如乙方权益因此遭受损害,甲方应负赔偿责任。 Party A will guarantee the lease right of the premises. In case of occurrence of ownership transfer in whole or in part and other accidents affecting the right of lease by party B, .party A shallguarantee that the new owner, and other associated ,third parties shall be bound by the terms of this contract. Otherwise, Party A will be responsible to compensate party B’s losses.
七、乙方义务/ Obligations of Party B
1.乙方应按合同的规定按时支付租金及押金。
Party B will pay the rental and the deposit on time.
2.乙方经甲方同意,可在房屋内添置设备。租赁期满后,乙方将添置的设备搬走,并保证不影响房屋的完好及正常使用。
Party B may add new facilities with Party A’s approval. When this contract expires, Party B may take away the added facilities without changing the good conditions of the premises for normal use.
3.未经甲方同意,乙方不得将承租的房屋转租或分租,并爱护使用该房屋如因乙方过失或过错致使房屋及设施受损,乙方应承担赔偿责任。
Party B will not transfer the lease of the premises or sublet it without Party A’s approval and should take good care of the premises. Otherwise, Party B will be responsible to compensate any damages of the premises and attached facilities caused by its fault and negligence.
4. 乙方应按本合同规定合法使用该房屋,不得擅自改变使用性质。乙方不得在该房屋内存放危险物品。否则,如该房屋及附属设施因此受损,乙方应承担全部责任。
Party B will use the premises lawfully according to this contract without changing the nature of the p
remises and storing hazardous materials in it. Otherwise, Party B will be responsible for the damages caused by it.
5.乙方应承担租赁期内的水、电、煤气、电话费、收视费、一切因实际使用而产生的费用,并按单如期缴纳。
Party B will bear the cost of utilities such as telephone communications, water, electricity and gas on time during the lease term.
八、合同终止及解除的规定/ Termination and dissolution of the contract
1. 乙方在租赁期满后如需续租,应提前一个月通知甲方,由双方另行协商续租事宜。在同等条件下乙方享有优先续租权。
Within one month before the contract expires, Party B will notify Party A if it intends to extend the lease. In this situation, two parties will discuss matters over the extension. Under the same terms Party B has the priority to lease the premises.
2. 租赁期满后,乙方应将房屋交还甲方;任何滞留物,如未取得甲方谅解,均视为放弃,任凭甲方处置,乙方决无异议。
When the lease term expires, Party B will return the premises and attached facilities to Party A. Any belongings left in it without Party A’s previous understanding will be deemed to be abandoned by Party
B. In this situation, Party A has the right to dispose of it and Party A will raise no objection.
3. 本合同一经双方签字后立即生效;未经双方同意,不得任意终止,如有未尽事宜,甲、乙双方可另行协商。
This contract will be effective after being signed by both parties. Any party has no right to terminate this contract without another party’s agreement. Anything not covered in this contract will be discussed separately by both parties.
九、违约及处理/ Breach of the contract
1. 甲、乙双方任何一方在未征得对方谅解的情况下,不履行本合同规定条款,导致本合同中途终止,则视为该方违约,双方同意违约金为 元整,若违约金不足弥补无过错方之损失,则违约方还需就不足部分支付赔偿金。
During the lease term, any party who fails to fulfill any article of this contract without the other party’s understanding will be deemed to breach the contract. Both parties agree that the default fine will be RMB . In case the default fine is not sufficient to cover the loss suffered by the faultless party, the party in breach should pay additional compensation to the other party.
2. 若双方在执行本合同或与本合同有关的事情时发生争议,应友好协商;协商不成,可向有管辖权的人民法院提起诉讼。
Both parties will solve the disputes arising from execution of the contract or in connection with the contract through friendly consultation. In case the agreement cannot be reached, any party may summit the dispute to the court that has the jurisdiction over the matter.
十、其他 / Miscellaneous
1.本合同附件是本合同的有效组成部分,与本合同具有同等法律效力。
Any annex is the integral part of this contract. The annex and this contract are equally valid.
2.本合同壹式贰份,甲、乙双方各执一份。
There are 2 originals of this contract. Each party will hold 1 original(s).
3. 甲、乙双方如有特殊约定,可在本款另行约定:
4. 若双方对本合同条款有疑义之处,以中文条款为准。
If both parties have any doubt to this contract,we will refer to the Chinese edition.
甲方(Party A):乙方( Party B):
证件号码(ID No):证件号码(ID No):
联络地址(Address):联络地址(Address):
电话(Tel): 电话(Tel):
日期(Date): 日期(Date):
英文合同模板 篇4
鉴于Whereas
一、 (下称“债务人”)与乙方及(下称“委托贷款人”)签订了编号为 的
《委托贷款合同》(以下称“主合同”);
二、甲方愿意为债务人在主合同项下的债务提供抵押担保;
三、委托贷款人委托乙方作为委托贷款人的代理人以乙方的名义与甲方签署本合同。
经协商一致,特订立本合同,以便共同遵守。
Ⅰ.(hereinafter called “debtor”) signed the number The Entrusted Loan Contract
(hereinafter called “main contract”) with Party B and (hereinafter called “entrusted lender”);
Ⅱ.Party A is willing to provide mortgage guarantee for the debtor under the main contract;
Ⅲ.Entrusted lender entrusts Party B as his or her agent signing this contract with Party A in the name of Party
B.
By consensus, both Parties signed this contract, in order to observe together.
第一条 抵押财产
甲方以本合同 “抵押财产清单”所列之财产设定抵押。
Article 1 The mortgaged property
Party A setting mortgages as "The mortgaged property list" of this contract.
第二条 担保范围
主合同项下本金(币种) (金额大写) 及利息(包括复利和罚息)、违约金、赔偿金、债务人
应向委托贷款人支付的其他款项以及实现主合同项下债权与担保权利而发生的费用(包括但不限于诉
讼费、仲裁费、财产保全费、差旅费、执行费、评估费、拍卖费、公证费、送达费、公告费、律师费
等)。
Under the items of the main contract, the debtor shall pay to entrusted lender like principal( currency )(ammount in words), interests( including compound interest and penalty
interest), penalty, compensation, and some other payments, and including costs caused by
achieving creditor's rights and guarantee right (including but not limited in legal fees, arbitration
fees, property preservation fees, travel expenses, execution fees, valuation fees, auction fees, notaries fees, delivery fees, advertising fees, counsel fees, etc.)
第三条 抵押财产登记
双方应于本合同签订后个工作日内到相应的登记部门办理抵押登记手续。甲方应于抵
押登记完成之日将抵押财产的他项权利证书、抵押登记文件正本原件及其他权利证书交乙
方持有。
Article 3 Mortgaged property registration
The two Parties shall go to the corresponding registration department to handle the mortgage
registration formalities after signing the contract in working days. Party A shall
give the mortgaged property and certificates of other rights, the original copy of mortgage
registration documents and other certificates of rights to Party B to hold the day of complement
of mortgage registration.
第四条 主合同变更
一、如果主合同条款变更,甲方同意对变更后的主合同项下债务承担担保责任。但未经甲方事先同意,主合同项下债务履行期限延长或债权本金金额增加的,甲方仅依照本合同的约定对变更前的主合同项下债务承担担保责任。
二、委托贷款人或债务人发生改制、合并、兼并、分立、增减资本、合资、联营、更名等情形,甲方的担保责任不发生减免。
三、主合同项下债权转移给第三人的,甲方应协助办理抵押变更登记手续。
Article 4 Alteration of main contract
I If the main terms of the contract change, Party agreed to assume security responsibility for the main contract after the change in debt. But without the prior consent of the PartyA, the main contract to fulfill the debt or extend the period of the principal amount of debt increases, Party A only assume security responsibility for the main contract before the change in debt in accordance with this contract.
II Entrusted lender or debtor restructuring, merger, consolidation, division, increase or decrease of capital, joint ventures, joint venture, renamed and other circumstances, no guarantee liability waiver occurred Party A. III Claims under the main contract to a third party, the Party A shall assist for mortgage registration changes.
第五条 抵押财产的占有、保管与保险
一、甲方应妥善地对抵押财产进行占有、保管和维修保养,合理使用抵押财产,维持抵押财产完好,按时缴纳与抵押财产相关的各项税费。
二、甲方委托或同意第三方占有、保管、使用抵押财产的,应当告知该第三方抵押权的存在,并要求其保持抵押财产的完好。甲方不因此免除前款中的义务,同时应对该第三方的行为承担责任。
三、抵押财产造成人身或财产损害的,应由甲方自行承担赔偿责任。如果乙方或委托贷款人因此遭到索赔而承担了责任,或为甲方垫付了赔偿金,则乙方或委托贷款人有权向甲方追偿。
四、抵押财产的保险由甲方与委托贷款人另行协商。
Article 5 Possession , custody and insurance of the mortgaged property
I Party A should be properly carried out occupy, custody and maintenance for the mortgaged property, rational use of the mortgaged property to maintain the integrity of the mortgaged property, pay all the taxes of mortgaged property-related timely.
II Party A agreed or entrusted a third party to occupy, custody and use of the mortgaged property, it shall inform the existence of the third-party mortgage, and request the mortgaged property intact. Party A is not exempt obligations of the preceding paragraph, while should addressing the responsible for the behavior of the third party.
III The mortgaged property causing damage to persons or property, shall be liable for their own party. If Party
B or entrusted lender are claimed the liability for, or paid compensation for Party A, Party B or entrusted lender shall have the right to recourse against the party a.
IV The insurance of the mortgaged property will be negotiated additionally by Party A and the entrusted lender.
英文合同模板 篇5
租 赁 合 同- LEASE CONTRACT
出租人LESSOR: ______________
(以下简称甲方Hereafter referred to as “PARTY A”)
电话Tel:______________ 手机Mobile:______________
承租人LESSEE:
(以下简称乙方Hereafter referred to as “PARTY B”)
通讯地址Mail Add:
电话Tel: 传真Fax:
住客姓名The occupants of the premises will be:
甲、乙双方经协商一致,订立本合同。合同内容如下:
This lease has been mutual agreed and set up by PARTY A and PARTY B as the following:
1. 出租物业The Premises to be leased are described as follows:
地址Location:
面积Area:
电话Tel: _____条IDD直线, ____ IDD lines
2 租金Rental:
2.1租金每月为 元整, 形式支付
PARTY B shall pay as rent the sum of ; i.e.RMB per month.
2.2租金包括家具和电器的配置(详见附件), 供暖费, 物业管理费、水费,电费,+煤气费、健身卡、卫星收视费。 The Rent includes the Furniture、the Electrical Appliances (see Appendix A), Heating Fee, Management fee,water fee , electricity fee, gas fee,Fitness card,Satellite TV service fee.
2.3租金应在入住前及此后每月的 号前支付。甲方应在收到租金后向乙方开具正式发票。甲方应每月提前向乙方发出支付租金的书面通知。
The first rental shall be paid before moving in and the following rental shall be paid before the th of each succeeding 1 month’ term. PARTY A shall issue to PARTY B official invoice (Fapiao) upon receiving the rental. Party A shall send prior written notice to Party B for monthly rental payment request.
2.4租金以人民币支票或转账形式支付.
Rental is payable in Ren Min Bi by check or by bank transfer.
2.5 在本租约有效期内,租金不予调整。
Rent will not be modified during the term of this Lease Agreement.
3 押金 Deposit:
3.1乙方须支付相当于两个月房租的押金(即RMB ), 以人民币支票或转帐形式支付)。甲方应在收到押金后向乙方开具统一收据。
A deposit of two (2) months’ equivalent rental (RMB ) shall be paid by PARTY B in RMB by check or by bank transfer. PARTY A shall issue to PARTY B official receipt upon receiving the deposit.
3.2押金在合同终止后10天内由甲方以相同币种全额退还给乙方(不计利息)。如果延期返还,则每延期一日,按每日万分之四支付给乙方利息。
The deposit shall be refundable in full amount in 10 days after the contract expiration, in same currency and excluding interest thereupon. In case PARTY A delays the refund of the deposit, PARTY A shall pay interest to PARTY B at the rate of 0.04% per day of delay.
3.3甲方应按时付清各种帐单。若以上出租房屋及其家具、设备等因乙方原因出现遗失或非正常的损坏,乙方应负责赔偿。
PARTY A shall pay off on time all the bills due. In case there is any loss or unusual damage to the furnishings, contents or the rental premises due to PARTY B’ s reason, PARTY B shall compensate for it.
4 租期 Lease term:
乙方租用出租房屋期限为 1 年,即自 年 月 日至 年 月 日。
From 16 July 20xx to 15 July 20xx for one (1) year.
5 出租人的责任 PARTY A’s obligation:
5.1 3甲方声明及保证甲方为该出租房屋的合法拥有人,有合法地位出租此房屋,并就出租事宜已取得有关方面的批准。
PARTY A assures to be the legal owner of the leased premises, to have the necessary legal capacity to lease it, and PARTY A’ action has been ratified by the authorities concerned.
5.2租赁期内,若甲方出售该出租房屋导致该出租房屋所有权发生转移,甲方须保证本合同能继续执行。
In case PARTY A sells the premises during the lease which leads to the premises ownership be transferred, PARTY A shall ensure that the said contract will be implemented continuously.
5.3甲方须按时将清洁状况良好的出租房屋交付乙方使用,保证在租赁期内出租房屋内的各项设施能正常使用。 PARTY A shall hand over the said premises to PARTY B on time and assure the said premises will be cleaned and in good status during the lease term.
5.4甲方有义务负责出租房屋及设施的正常维护和保养,如房屋或设施非因甲方原因出现故障,甲方应在收到乙方通知后二十四(24)小时内自行或通过其他方式解决故障,否则,乙方有权雇佣第三方进行维修,由甲方承担所有费用并承担相关责任。由于不可抗力(如地震、台风、洪水、非人为的火灾等)、自然损耗或乙方以外的原因造成的损坏,亦由甲方承担有关费用。
PARTY A shall bear the responsibility of the said premises’ normal repairs and maintenance, and pay the cost related. In case the premises or facilities are in bad conditions not due to the reason of PARTY B, PARTY A shall complete the repair work within 24 hours upon receipt of the notice from PARTY B. Otherwise, PARTY B shall have the right to hire any third parties for the repair work at the cost of PARTY A. The cost of repairs to the said premises, if damaged by Force Majeure (such as earthquake, typhoon, flood non-man made fire, etc) reasonable wear and tear or by accidents beyond PARTY B’S control, should also be borne by PARTY A.
5.5租赁期内,在乙方遵守合同及支付租金的前提下,未经乙方允许,甲方不得进入该出租房屋。
During the lease, PARTY A shall not get in the said premises without PARTY B’S permission if PARTY B has been carrying out the contract normally.
5.6甲方应督促管理公司向乙方提供足够的服务,如冷水、热水、煤气,电的供应及各种设备的正常工作。 Party A shall direct Property Management Company to provide sufficient and continuous services to Party B, including provision of cold water, hot water, gas and electricity and ensure proper maintenance of equipment therein.
5.7 房产税及与租赁有关的所有税费由甲方承担。
Premises tax and other leasing related taxes shall be paid by PARTY A.
6 承租方的责任 PARTY B’S obligations:
6.1 乙方申明及保证其在中国拥有合法居留权,并按有关规定办理必要的居住登记手续。
PARTY B assures to have the legal right of residence in China, and shall complete the residential formalities complying with the local regulations.
6.2 住客应按时支付电话费含上网费、水电煤气费。
The occupant shall pay the telephone bills and internet fee, extra water electricity gas fee on time.
6.3 乙方只能将出租房屋用做住宅,不得将之用作公司及代表处的注册地址,亦不可作为公开的.办公室。 The premises are limited for residential use only by PARTY B, and are prohibited from registering as legal address for any company or agency, or using as public office.
6.4 乙方不得在出租房屋内进行违反法律及政府对出租房屋用途有关规定的行为。
PARTY B shall not carry in the premises any unlawful or illegal activities which are not allowed according to the leasing regulations from the government.
6.5 租赁期内,未经甲方书面同意,乙方不得将出租房屋部分或全部转租他人。
PARTY B shall not partly or totally sublet the said premises without the written permission from PARTY A.
6.6 若因乙方使用不当或不合理使用,出租房屋及其内的设施出现损坏或发生故障,乙方应及时联络管理机构或甲方进行维修,并负责有关维修费用.
The damage of the premises or the fittings that are within the control of PARTY B shall be borne by PARTY B, and PARTY B shall contact the management office or PARTY A instantly.
6.7 租赁期内,乙方对出租房屋进行装修或增加水、电、消防等设施,须经甲方同意并经有关部门批准,并由甲方执行监理,所需费用由乙方承担。双方解约时,乙方不能移走自行添加的结构性设施,甲方亦不必对上述添加设施进行补偿。
PARTY B, upon written permission of PARTY A, may make additions or alterations dealing with water,
electricity supply or fire protection, at his own expense, subject to necessary permits or licenses required by the authorities concerned and under the supervision of PARTY A .No structural alterations or additions can be removed from the premises upon the expiration of this contract. No reimbursement for the said additions.
6.8 乙方有权在墙壁上悬挂画、图片或其他装饰性物品。合同履行期限届满或提前解约时,甲方应承担费用拔掉钉子、粉刷墙壁或使墙壁恢复原状,并承诺不以此为由扣留乙方的押金。
PARTY B is entitled to hang pictures, paintings or other decorative articles on the walls. Upon expiration or early termination of the contract, PARTY A shall bear the cost to remove the nails, repaint the wall or restore the wall to the original state, and PARTY A shall not retain PARTY B’S deposit for the reason of doing things above.
6.9租赁合同期满的前一个月内,经合理事先书面通知,乙方应允许甲方或其授权人 引领潜在客人参观在出租房屋。
During the last month of the contract, after reasonable prior written notice to PARTY B, PARTY A or his nominee shall be allowed to show the said premises to the potential clients.
6.10 租赁期满,若甲,乙双方未达成续租协议,乙方应于租期届满时或之前迁离出租房屋并将钥匙及清理干净的房屋归还甲方.
PARTY B shall return the premises in a clean condition to PARTY A (except wear and tear) at the expiration of the contract if there is no renewal thereupon.
7 提前解约Early termination:
7.1六(6)个月后,乙方如要退租,应提前一(1)个月书面通知甲方终止本租约。在此情况下,甲方应在本租约终止后十(10)日内将押金全额退还乙方。
After six (6) months, Party B may, upon one (1) month advance written notice to Party A, terminate this
Tenancy Agreement without any liabilities. Under this circumstance, Party A shall return the deposit in full to Party B within ten (10) days after the termination.
7.2 若因自然界的不可抗力,如火灾、洪水、台风、地震、战争等意外损害导致出租房屋无法居住,合同即自动终止,甲、乙双方互不承担责任。
If the said premises are so damaged by force majeure (fire, flood, typhoon, earthquake, war, and etc) that it’s no longer habitable, the contract shall be terminated automatically. Neither PARTY A nor PARTY B shall bear any responsibility to each other.
8 续租 Renewal:
租赁期满,乙方有优先续租权,但须提前一个月通知甲方,并安排签订续租合同。
PARTY B retains the priority to renew this lease upon expiration , while one-month prior notice to PARTY A is necessary, and PARTY A shall arrange the signature for the renewal contract.
9 争议的解决 Dispute Resolution:
9.1 本合同适用法律为中华人民共和国相关法律。
The contract is governed by the laws of the People’s Republic of China.
9.2在履行本合同过程中产生的任何争议由双方协商解决,协商不成,可向中国国际经济贸易仲裁委员会(北京)申请仲裁。
In case of any dispute arising out of the performance of this Contract, PARTY A and PARTY B shall consult
together to reach unanimity, otherwise both parties can submit the dispute to the China International Economic and Trade Arbitration Commission (Beijing) for arbitration.
10 其他Others:
10.1本合同以中英文两种文字拟成,两种文本同等有效。
The contract is drawn in both Chinese and English versions. Both texts have equal effect.
10.2 本合同一式二份,甲、乙双方各执一份。
Two copies of the contract will be drawn and remained in the possession of PARTY A & PARTY B. 10.3本合同自签定之日起生效。
The contract shall come into force on the date of signature.
10.4本合同的附件是本合同必不可少的组成部分。附件一列明的物品在甲、乙双方核实签字后生效。
The appendix is an indivisible part of this contract. Details listed in appendix 1 shall not come into affect until being checked and signed by both PARTY A and PARTY B.
11 签章 Signatures and official marks:
甲方 乙方
PARTY A: PARTY B:
授权代表: 授权代表人:
Authorized representative: Authorized representative:
盖章: 盖章:
Seal: Seal:
日期 日期
Date : Date :
英文合同模板 篇6
Advertising Agency Agreement/广告代理协议
This Advertising Agency Agreement(“Agreement”) is made and effective this
[Date], by and between[Advertiser](“Advertiser”) and [Agency](“Agency”). 此广告代理协议(“协议”)从今[日]起由[广告商](“广告商”)和[代理商](“代理商”)之间签订并生效,
Agency is in the business of providing advertising agency services for a fee. 代理商从事提供广告代理服务并收取费用。
Advertiser desires to engage Agency to render, and Agency desires to render to Advertiser, certain advertising agency services, all as set forth.
广告商欲雇用代理商提供服务,并且代理商欲提供给广告商某些广告代理服务,如下所示。
NOW, THERFORE, in consideration of the mutual agreements and covenants herein contained the parties hereto agree as follows:
因此,现在,考虑到在此包含的双方约定和合同,双方同意如下条款:
1.Engagement.
雇用
Advertiser engages Agency to render, and Agency agrees to render to
Advertiser, certain services in connection with Advertiser’s planning,
preparing and placing of advertising for certain of Advertiser’s products as follows:
广告商启用代理商提供,并且代理商同意提供给广告商和广告商的计划,准备和投放一些广告商的产品的服务,如下所示:
A. Analyze Advertiser’s current and proposed products and services and present and potential markets.
分析广告商的目前和建议的产品和服务,目前和潜在的市场。
B. Create, prepare and submit to Advertiser for its prior approval
advertising ideas and programs.
创立,准备和提交给广告商先前批准的广告理念和计划。
C. Prepare and submit to Advertiser for its prior approval estimates of
costs and expenses associated with proposed advertising ideas and programs. 准备和提交给广告商与所建议的广告理念和计划的先前的批准的预计成本和费用。
D. Design and prepare, or arrange for the design and preparation of, advertisements.
设计和准备,或安排广告的设计和准备。
E.Perform such other services as Advertiser may request from time to time such as, but not limited to , direct mail advertising preparation, speech writing, publicity and public relations work, market research and analysis.
进行广告商可能不时要求的其他服务,例如,但不局限于,直接的邮寄广告准备,演讲稿,宣传和公共关系工作,市场研究和分析。
F.Order advertising space, time or other means to be used for publication of Advertiser’s advertisements, all time endeavoring to secure the most efficient and advantageous rates available.
预订用于广告商广告发布的空间,时间或其它方式,一直努力获得最有效的和最有利的费率。
G. Proof for accuracy and completeness of ions, displays, broadcasts, or other forms of advertisements.
寻求精确性和完成广告附加页,展示,广播或其它形式的广告。
H. Audit invoices for space, time, material preparation and charges. 审计空间,时间,材料准备和费用的发票。
2.Products
产品
Agency’s engagement shall relate to the following products and services of Advertiser: [Products]
代理商的启用将与广告商的下列产品和服务有关[产品]
3.Exclusivity.
独家代理
Agency shall be the [Exclusive or Non-Exclusive] advertising agency in the United States for Adertiser with respect to the products described in Section 2 Above.
代理商将是关于上述第二部分广告商在美国的[独家代理或非独家代理]广告机构。
4.Compensation.
赔偿金
A. Agency shall receive an amount equal to [Media Commission Rate] of the gross charges levied by media for advertising placed therewith by Agency pursuant to this Agreement; and [Non-Media Commission Rate] after volume discount, of the charges of suppliers of services or properties, such as
finished art, comprehensive layouts, type composition, photostats, engravings, printing, radio and television programs, talent, literary, dramatic and musical works, records and exhibits, purchased by Agency on Advertiser’s
authorization during the term of this Agreement; provided that:
代理商将根据此协议获得等同于[媒体佣金费率]的由代理商投放广告媒体所征收的总费用;并且在总量折扣之后获得等同于[非媒体佣金费率]的供应商的服务或财产的费用,如艺术品,总体设计,字体组合,福图斯斯文文仄直接影印本,版画,印刷,广播和电视节目,人才,文学作品,戏剧和音乐作品,唱片和展览,由代理商根据广告商的授权在此协议期限内购买;只要:
(i) No percentage will be added to Agency charges for packing, shipping, express, postage, telephone, telex, fax, travel expenses and other out of pocket expenses of Agency personnel; and
没有任何费用加在代理商用于以下项目的费用上:如包装,运输,快递,邮费,电话,电传,传真,旅行费用和出于代理商人员的其它费用;并且
(ii)Agency’s commisssion for outdoor advertising will be the standard rate allowed advertising agencies when such rate is less than
[Outdoor Advertising Commission Rate].
英文合同模板 篇7
Employment Contract
甲方(用人单位)
Party A:
地址:
法定代表人:
乙方(劳动者)
Party B:
身份证号码:
ID No:
住址:
依照《中华人民共和国劳动法》有关规定,结合本公司实际,甲乙双方本着平等、自愿、协商一致的原则达成如下协议
According to the Labor Law of PRC China, Party A and Party B agree as follows:
一、本合同期限 Contract Period
本合同期______年__ 月 __日起至______年 ___月___日或本本合同约定终止条件出现时止。
This agreement is valid from (Y/M/D) until (Y/M/D) or terminated by either party
二、工作内容和工作时间 Responsibility & working hours
1. 甲方聘请乙方担任 部门 职务,详见职务说明书。
Party B's Department: Party B's position:
Please refer to the job description for details.
2. 乙方须完成甲方安排的生产(工作)任务
Party B must accomplish his/her regular work and additional assignments on time
3. 每天工作8小时,每周工作共40小时。
There are 8 working hours a day, 40 working hours a week.
4. 甲方如因业务拓展变化需要对乙方的工作岗位及工作区域进行调整,乙方应当接受。如因甲方公司业务扩展需要或公司合并分立等变更,乙方同意按照法律规定延续此本合同,并接受甲方安排,在____(某地区)工作。
If Party A needed to adjust Party B‘s position and working area for business development variety, Party B should accept it.
三、工资 Salary
乙方每月的基本工资:RMB 绩效工资:RMB 综合福利金:RMB ,工资总额为RMB 元(该金额尚未扣除税金、住房费用以及社会保险中个人应缴的部份),另甲方予以乙方工资总额7%的住房公积金(如法律规定住房公积金缴交基数有上限,则依照法规执行)试用期满,经考核后,根据考核结果确定是否正式录用,正式录用后薪金保持不变。甲方将视公司的盈利情况和乙方的考核结果,于每年的三月份进行薪金调整。
Party B's monthly total revenue (before the deduction of tax, housing fund, social insurance paid by individual) each month would be RMB______ , including base wage RMB______ performance salary RMB_______and social welfare RMB______, And Party A will offer Party B 7% housing fund base on the total revenue, or any upper limit set by the local authority, whichever is the lower. After probation total revenue would be unchanged. Party B's salary will be reviewed annually in March and adjusted in light of Party B's performance and prevailing conditions.
四、工资的发放 Payment
甲方于每月_____日前通过银行转帐支付发放上月工资。
Salary will be paid to Party B's account by T/T before the ____th of the following month.
五、超时工作 Over Time
乙方应致力于提高工作效率,按时完成生产、工作任务。如因特殊情况需要加班,可自行安排。如乙方希望通过自行安排加班取得加班费,则乙方必须在加班前四小时填写加班申请表呈总经理审批。否则,视为无效加班,详见《员工手册》。
Party B must try his best to increase the working efficiency to meet Party A's requirement. If there are special circumstances that Party B has to work overtime, Party B can arrange by themselves. If Party B requests OT payment, he/she must fill in the OT application form and have it approved by GM. OT Application Form without authorized signature is not valid.
六、加班费 OT Compensation
乙方经甲方批准在工作日加班,甲方必须支付给乙方基本工资150%的报酬;休息日被安排工作而甲方又不能够给予乙方同等时间的补休,则甲方须支付给乙方基本工资200%的报酬;若在国家法定休假日被安排工作,甲方付给乙方基本工资300%的报酬。
If Party B works over time and has approved by Party A, he/she will be offered the same period of compensation leave or OT salary according to Labor Law of PRC China.
七、假期与福利 Holiday & Benefits
1. 有薪国家法定假日 Statutory Holiday of PRC China with pay
2. 有薪婚假/产假/丧假 Leave for Marriage, Maternity and Mourning with pay.
3. 有薪年假 Annual leave with pay
4. 社会保险 Social Insurance
5. 年度奖金Annual bonus (based on the months worked with party A at the rate of one month‘s wage for each full year worked. )
详情请参照《员工手册》Please refer to Party A's employee manual for detail info.
八、劳动纪律 Discipline
乙方应严格遵守甲方制定的各项规章制度和劳动纪律(详请请参照《员工手册》执行)
Party B shall strictly obey Party A‘ regulations and discipline. Please refer to Party A's employee manual.
九、保密协议 Confidentiality
乙方需严格保守工作过程中接触和了解到的公司商业秘密(包括生产技巧、工艺流程、技术秘密、管理方法、产销策略、货源情报、设计图纸、成本价格和客户资料),否则将受到行政处罚(如无条件解雇、赔偿等);触犯刑法的,甲方将有权移交司法机关处理。乙方调离甲方,应得到甲方同意,并将所有商业秘密资料移交甲方,同时承担不向外泄露的义务,并保证半年内不得利用甲方商业秘密在生产同类且与甲方有竞争关系的产品的其他企业内任职。否则,甲方有权要求乙方赔偿因此而带来的一切经济损失。
The recipient shall undertake the obligation to keep confidential, in accordance with the scope and duration agreed upon by both parties, the technical secrets contained in the technology provided by the supplier, which have not been made public.
十、本合同终止 Termination
1. 终止本本合同条件 Termination conditions
A. 试用期间,双方皆可即时通知对方解除本本合同;
During the probation period, either side can terminate the contract by immediate effect.
B. 试用期满后,任何一方欲解除本合同,须提前三十日以书面形式通知对方。否则,违约方须向守约方支付违约金(违约金为乙方一个月的工资),若造成守约方经济损失的,应依法承担赔偿责任。
Either side can terminate the contract by giving 30 days notice in written form after probation period.
2. 甲方在下列情况下可随时直接地通知乙方解除本本合同,无须履行任何法定义务和手续,无须向乙方补偿If any case of the following circumstances, Party A has the right to inform Party B rescission of the contract:
A. 乙方在试用期间达不到甲方的要求;Party B‘s performance can’t meet Party A‘s requirement.
B. 乙方严重失职,给甲方利益造成重大损失的;
The other party has breached the contract, to the extent that such breach has seriously affected the economic benefits expected when concluding the contract
C. 违反甲方有关规定,应予开除的,详情请参照《员工手册》执行。The condition agreed on in the Party A's employee manual for rescission of the contract has arisen
3. 乙方在下列情况下终止本本合同不需向甲方补偿
If any one of the following circumstances, Party B has the right of inform Party A rescission of the contract without any compensation:
A. 被非法限制人身自由的手段强迫劳动的;
Party B is forced to work by illegal means.
B. 未按本本合同约定支付劳动报酬或劳动条件的;
Party B cannot get the salary or working conditions which agreed in the contract.
十一、甲、乙双方须共同遵守国家有关法规以及甲方《员工手册》的有关规定。
Both Party A and Party B shall obey the related regulation of PRC China and Party A's employee manual.
十二、本本合同自甲方盖章、乙方签署之日起生效。
This contract shall come into effect since both sides sign their names.
十三、本本合同以中文版本为准,本合同一式二份,甲、乙双方各执一份。
N.B. In case of divergence, the Chinese texts shall be regarded as authentic. Two originals, one for Party A, the other one for Party B.
甲、乙双方签署同意以上条款The above terms is agreed by:
甲方(Party A) 签署日期(Date)
乙方(Party B) 签署日期(Date)
英文合同模板 篇8
Commercial Contract
商业合同
No:
合同号:
Date:
日 期:
The Buyer: Zhonghua International Technology Corporation
卖方:菲尔德·埃米森公司
The Seller: Field Emission Corp.
买方:中华国际技术开发公司
This contract is made by and between the Buyer and the Seller, whereby the Buyer agrees to buy and the Seller agrees to sell the under-mentioned commodity according to the terms and conditions stated below:
根据本合同条款,买方同意购买,卖方同意出售下述货品,兹签订本合同。
1. Commodity: camera-control equipment
1、品名:摄像机控制设备
Quantity: 60 (sets)
数量:60(台)
Unit price: USD4 800.00
单价:4 800美元/台
Total amount: USD288 000.00
总额:288 000美元
2. Country of origin and manufacturer: Field Emission Corp. in US
2、原产国别及生产商:美国菲尔德·埃米森公司
3. Packing
3、包装
To be packed in strong wooden cases or cartons, suitable for long distance ocean, parcel post or air freight transportation as well as changing climate and with good resistance to moisture and shocks.
用坚固的木箱或纸箱包装,适宜长途海运、邮寄或空运及适应气候变化,并且具备良好的防潮抗震能力。
The Seller shall be liable for any damage of the commodity due to improper packing and for any rust attributable to inadequate protective measures in regard to the packing.
由于包装不当而引起的货物损坏或由于防护措施不善而引起货物锈蚀,卖方应赔偿由此而造成的全部损失费用。
One full set of service and operation manual shall be enclosed in each case.
包装箱内应附有完整的维修保养、操作使用说明书。
4. Shipping mark:
4、运输标志
The Seller shall mark on each package with fadeless paint the package number, gross weight, net weight, measurement and warnings such as “HANDLE WITH CARE”, “KEEP AWAY FROM HEAT”, “KEEP AWAY FROM MOISTURE” as well as shipping mark.
卖方应在每个货箱上用不褪色油漆标明箱号、毛重、净重、长、宽、高,并标有“小心轻放”,“防潮”及“防热”等字样和运输标志。
5. Date of shipment: Aug. 8, 20xx
5、装运日期:20xx年8月8日
6. Port of shipment: Los Angeles
6、装运港:洛杉矶
7. Port of destination: Ningbo
7、目的港:宁波
8. Insurance:
8、保险
To be borne by the Buyer after shipment.
装运后由买方投保。
9. Payment, under conditions (1), (2) and (3) below:
9、支付条件 分以下三种条件支付:
(1) Through the letter of credit:
(1)信用证
The Buyer, on receipt from the Seller of the delivery advice, shall open an irrevocable letter of credit with the Bank of China, in favor of the Seller for the total value of shipment 25 – 30 days prior to the date of delivery. The credit shall be available against Seller‘s draft drawn at sight on the opening bank for 100% invoice value accompanied by the shipping documents specified in Clause 10 hereof. Payment shall be effected by the opening bank by telegraphic transfer against presentation of the aforesaid draft and documents. The letter of credit shall be valid until the 20th day after the shipment is effected.
买方收到卖方交货通知,应在交货日期前25 – 30 天,由中国银行开出以卖方为受益人的与装运金额相同的不可撤销的信用证。卖方须向开证行出具100%发票金额即期汇票并附本合同第10款所规定的装运单据。开证行收到上述汇票和装运单据即予以电汇支付。信用证于装运日期后20天内有效。
(2) Collection:
(2)托收
The Seller may present the sight draft together with the shipping documents (specified in Clause 10 hereof) through the Seller‘s bank and Buyer’s Bank to the Buyer for collection after shipment.
货物装运后, 卖方出具即期汇票,连同本合同第10款规定的装运单据,通过卖方所在地银行和买方银行提交给买方托收。
(3) By direct remittance:
(3)直接付款
Payment shall be effected by the Buyer, by telegraphic transfer, within 7 (seven) days after receipt from the Seller of the shipping documents specified in the Clause 10 hereof.
买方收到本合同第10款规定的装运单据后7天内, 以电汇向卖方支付货款。
10. Documents:
10、单据
(1) In case of sea-freight:
(1)海运
Full set of clean bills of lading marked “Freight to Collect”, “Freight Prepaid” made out to bank endorsed notifying Zhonghua International Technology Development Corporation at the port of destination.
全套清洁海运提单,标明“运费付讫”,“运费预付”,做成空白背书并注明通知目的港的中华国际技术开发公司。
(2) In case of air-freight:
(2) 空运
One copy of airway bill marked “Freight to Collect”, Freight Prepaid“ and sent to the Buyer.
空运提单副本一份,标明“运费付讫”,“运费预付”,寄交买方。
(3) Invoice in 4 copies indicating contract number and shipping mark, made out in details as per the contract concerned.
(3)发票一式4份,标明合同号和装运标志,发票根据有关合同详细填写。
(4) Packing list in 2 copies issued by the manufacturer.
(4)由生产商出具的装箱单一式两份。
(5) Certificate of quality and quantity issued by the manufacturer.
(5)由生产商出具的质量和数量保证书。
(6) The Buyer shall be advised by mail/cable immediately after shipment.
(6)货物装运后立即用电报或信件通知买方。
In addition, the Seller shall, within 10 (ten) days after shipment, send by airmail two sets of aforesaid documents (except item 4) with one set directly to the Buyer and one set directly to Zhonghua International Technology Development Corporation at the port of destination.
此外,发货10天内,卖方将上述单据(第5条除外)航寄两份,一份直接给买方,一份直接给目的港的中华国际开发公司。
11. Shipment
11、装运
(1) In case of FOB terms
(1) 离岸价格条款(FOB条款)
a. The Seller shall, 30days before the contracted date of shipment, advise the Buyer by cable or letter of the contract number, name of commodity, quality, value, package number, gross weight, measurement and date of readiness at the port of shipment for the Buyer to book shipping space.
1)卖方于合同规定的装运日期前30天,用电汇或信件将合同号、品名、数量、价值、箱号、毛重、装箱尺寸和货物抵装运港日期通知买方,以便买方租船订舱。
b. Booking of shipping space shall be arranged by the Buyer‘s shipping agent, China Ocean Shipping Agency.
2)买方船运代理中国外轮代理公司,负责办理租船订舱事宜。
c. The Buyer‘s shipping agent (China Ocean Shipping Agency) shall send to the Seller notice indicating the name of vessel, estimated date of loading and contract number for the Seller to arrange shipment 10 (ten) days before the estimated date of arrival of the vessel at the loading port. The Seller is requested to get in close contract with the shipping agent. When it becomes necessary to change the carrying vessel or to advance or delay the arrival date, the Buyer or the shipping agent shall advise the Seller in time. Should the vessel fail to arrive at the loading port within 30 (thirty) days after the arrival date advised by the Buyer, the Buyer shall bear the storage and insurance expenses incurred from the 30 day thereafter.
3)买方船运代理(中国外轮代理公司)预计船抵达装运港10天之前,将船名、预计装货日期、合同号等通知卖方,以便卖方安排装运。要求卖方与船运代理保持密切联系。当需要更换承运船只及船只提前、推迟抵达时,买方或其船运代理应及时通知卖方。如船在买方通知日后30天内未能到达,则第30天后仓储费和保险费用由买方承担。
d. The Seller shall be liable for any dead freight or demurrage, should it happen that they have failed to have the commodity ready for loading after the carrying vessel has arrived at the port of shipment on time.
4)如承运船如期抵达装运港,卖方因备货未妥而影响装船,则空舱费和滞期费均由卖方承担。
e. The Seller shall bear all expenses and risks before the commodity passes over the vessel‘s rail and is released from the tackle. After it has passed over the vessel’s rail and is released from the tackle, all expenses and risks shall be in Buyer‘s account. 5)货物超过船舷并从吊钩卸下前,一切费用和风险由卖方承担;货物超过船舷并从吊钩卸下,一切费用和风险由买方承担。
(2) In case of CFR terms
(2)成本加运费价条款(CFR条款)
a. The Seller shall ship the goods within the shipment time from the loading port to the port of destination. Transshipment is not allowed.
1) 在装运期内,卖方负责将货物从装运港装运至目的港。不得转船。
b. In case the goods are to be dispatched by air freight, the Seller shall, 30 (thirty) days before the time of delivery as stipulated in Clause 5, inform the Buyer by cable or letter of the estimated date of delivery, contract number, name of commodity, and invoiced value. The Seller shall, immediately after dispatch of the goods, advise the Buyer by cable or letter of the contract number, name of commodity, invoiced value and date of dispatch for the Buyer to arrange the insurance in time.
2) 货物空运时,卖方于本合同第5条规定的交货日期前30天,以电报或信件把预计交货期合同号、品名、发票金额等通知买方。发货后,卖方立即以电报或信件将合同号、品名、发票金额、发货日期通知买方,以便买方及时投保。
12. Shipping advice
12、装运通知
The Seller shall, immediately on the completion of the loading of the goods, advise the Buyer by cable or letter of the contract number, name of commodity, quantity, invoiced value, gross weight, name of vessel and date of sailing. In case the Buyer fails to arrange insurance in time due to the Seller‘s not having cabled in time, all losses shall be borne by the Seller.
货物一俟全部装船,卖方应即将合同号、吕名、数量、发票金额、毛重、船名及启航日期用电报或信件通知买方。如因卖方未能及时通知致使买方不能及时投保,卖方则承担全部损失。
13. Guarantee of quality
13、质量保证
The Seller guarantees that the commodity hereof is made of the best materials with first class workmanship, brand new, unused, and complies with the quality and specifications stipulated in this contract. The guarantee period shall be 12 (twelve) months staring from the date on which the commodity arrives at the port of destination.
卖方保证:所供货物由最好的材料及精湛工艺制成,商标为新的和未经使用的,其质量和规格符合本合同所做的说明。自货物到达目的港起12个月为质量保证期。
14. Claims
14、索赔
Except those claims for which the insurance company or the owners of the vessel are liable, should the quality, specifications or quantity be found not in conformity with the stipulations of the contract, within 90 (ninety) days after the arrival of the goods at destination, the Buyer can use the Inspection Certificate issued by China National Import and Export Commodities Inspection Corporation to claim for replacement as compensation. All the expenses incurred (such as inspection charges, freight charges for returning and sending of replacement, insurance premium, storage, loading and unloading charges) shall be borne by the Seller.
自货物到达目的港起90天内,如发现货物质量、规格、数量与合同规定不符,除那些应由保险公司或由船方承担的部分外,买方可凭中国进出口商品检验总公司出具的商检证书,有权要求更换或索赔。
In regard to quality, the Seller shall guarantee that if, within 12 (twelve) from the date of arrival of the goods at destination, damages occur in the course of operation by reason of inferior quality of material or bad workmanship, the Buyer shall immediately notify the Seller in writing and put forward a certificate issued by the CCIC. The certificate so issued shall be accepted as the base of the claim. The Seller, in accordance with the Buyer‘s claim, shall be responsible for the immediate elimination of the defects, complete or partial replacement of the commodity, or devaluate the commodity according to the state of defects. Where necessary, the Buyer may eliminate the defects themselves at the Seller’s expenses. If the Seller fails to reply within on month after receipt of the aforesaid claim, the claim shall be reckoned as having been accepted by the Seller.
卖方保证,货物到达目的港12个 月内,如果使用过程中由于材料质量低劣和工艺不佳而出现的损坏,买方立即以书面形式通知卖方并出具中国进出口商品检验总公司开列的检验证书,提出索赔。商 检证书为索赔的依据。按买方索赔要求,卖方有责任立即排除货物的缺陷、全部或部分更换或根据缺陷情况将货物作降价处理。
15. Force Majeure
15、不可抗力
The Seller shall not be held responsible for delay in shipment or non-delivery of the goods due to Force Majeure, which might occur during the process of manufacturing or in the course of loading. The Seller shall advise the Buyer of the occurrence mentioned above within 15 (fifteen) days and send by airmail a certificate of the incident issued by the local government to the Buyer. Even in such cases, the Seller is still liable to take all possible measures to expedite the delivery of goods.
在货物制造和装运过程中,由于发生不可抗力事故致使延期交货或不能交货,卖方概不负责。卖方在不可抗力事件发生后,应立即通知买方并在事发14天内,将事故发生所在地当局签发的证书航空邮寄给买方以作证据。即使在此情况下,卖方仍有责任采取必要的措施,尽快交货。
Should the Seller fails to perform the contracted obligations 10 (ten) weeks after the aforesaid incident, the Buyer shall have the right to treat the contract as null and void.
不可抗力事故发生后超过10个星期而合同尚未履行完毕,买方有权撤销合同。
16. Late delivery and penalty
16、合同延期和罚款
Should the Seller fail to make delivery within the contracted period for reasons other than Force Majeure specified in Clause 15 hereof, the Buyer may accept the postponement on condition that the Seller agrees to pay a penalty which shall be deducted by the paying bank from the agreed amount of payment. The penalty, however, shall not exceed 5% (five percent) of the total value of the goods involved in the late delivery. The rate of penalty is charged at 0.55(zero point five percent) for every seven days, odd days less than seven days should be counted as seven days. In case the Seller fails to make delivery ten weeks later than the shipment stipulated in the contract, the Buyer shall have the right to cancel the contract. The Seller, in spite of the cancellation, shall still pay the aforesaid penalty to the Buyer without delay.
除本合同第15条所述不可抗力原因外,卖方如不能按合同规定如期交货,并同意支付罚金,买方可同意延期交货,付款银行相应减少议定的支付金额,但罚款不得超过迟交货物总额的5%。卖方如逾期10个星期仍不能交货,买方有权撤销本合同。尽管合同已撤销,但卖方仍应如期支付上述罚金。
17. Arbitration
17、仲裁
All deputes in connection with this contract or the execution thereof shall be settled through friendly consultations. Should no settlement be reached, the case may then be submitted for arbitration to the Foreign Economic and Trade Arbitration Commission of the CCPIT in accordance with the rules and procedures of the said Arbitration Commission. The arbitration shall take place in 15 (fifteen) days. The decision of the Arbitration Commission shall be final and binding on both Parties. The arbitration fee shall be borne by the losing Party. The arbitration may also be settled in a third country mutually agreed upon by both Parties.
凡与本合同有关或因执行本合同而发生的一切纠纷,应通过友好协商解决,如果协商不能解决,则可提交中国国际贸易促进委员会对外经济贸易仲裁委员会并根据该会仲裁法则和程序进行仲裁。仲裁将在15天内进行,仲裁裁决为最终裁决,对双方都有约束力。仲裁费用由败诉方承担。仲裁也可在双方都能接受的第三国进行。
18. Special provisions
18、附加条款
In witness thereof, this contract is signed by both Parties in two original copies; each Party shall keep one copy.
本合同一式两份,双方签字划押,各执一份,特此证明。
The Buyer: Zhonghua International Technology Corporation
买方:中华国际技术开发公司
The Seller: Field Emission Corp.
卖方:菲尔德·埃米森公司
英文合同模板 篇9
Employer: ___________ construction co., LTD. (hereinafter referred to as party a)
Contractor: _______________________________(hereinafter referred to as party b)
In accordance with the contract law of the People's Republic of China, the construction law of the People's Republic of China and the interim provisions on the administration of labor contract administration of project projects. Party a decided to ________________ company alarm project subcontracting to party b department, to standardize the management, clear responsibility, agreed by both parties, this contract is made, to abide by.
1. The contents of labor construction projects contracted by party a to party b are as follows:
All bricks, stone masonry and plastering projects in the construction blueprint of the project; Rebar production and binding sub-projects; Template making and installation of sub-projects; Scaffolding works.
Ii. Term of this contract:
From the beginning of ___________ to _______ _______ _______.
Iii. Engineering quality standard:
The quality of all itemized projects is assured.
Iv. Payment and payment method of labor management fee:
1, turned over standard: the labor service project management fee RMB $ten thousand, paid by party b, party b can achieve according to the contract that the project department and construction quality, progress of the requirements of party a according to the management fee of _____ % back to party b as a reward.
Payment method: payment of service fee shall be paid in two installments, that is, 50% before the main body is finished and 50% before the decoration is completed.
V. responsibilities of party b.
1. Party b shall provide relevant documents and qualifications and cooperate with party b to handle relevant procedures.
To coordinate labor disputes and industrial accidents during construction.
Vi. Responsibilities of party b:
1, I am grateful to fully perform __________________ company and construction co., LTD. The project construction contract signed. And shall bear all the responsibilities and obligations of party b in the contract.
2. Ensure the quality, progress and safety of all sub-projects to meet the contract requirements signed by the project department and the construction party. If not, it will be punished by 50% of the management fee.
Vii. Matters not covered herein shall be negotiated by both parties, and the supplementary provisions may be signed by the parties hereto, which shall have the same legal effect as this contract.
Viii. This contract is made in six originals, with each party holding three copies. The contract shall be executed by both parties and shall be completed upon completion of the project.
Party a: _______________________ party b: ________________________
Party a's representative: __________________ party b's representative: __________________.
中文版
发包方:___________建筑施工有限责任公司(以下简称甲方)
承包方:_______________________________(以下简称乙方)
依照《中华人民共和国合同法》、《中华人民共和国建筑法》及公司《关于工程项目劳务承包管理暂行规定》。甲方决定将________________公司______________工程项目部的劳务分包给乙方,为规范管理,明确职责,经双方协商一致,特签订本合同,以资共同遵守。
一、甲方发包给乙方的劳务施工项目内容范围如下:
该工程项目施工蓝图中所有砖、石砌筑及抹灰分项工程;钢筋制作、绑扎分项工程;模板制作、安装分项工程;脚手架搭设作业。
二、本合同期限:
从______年_____月起至___________年_______月止。
三、工程质量标准:
所有分项工程质量确保优良
四、劳务管理费的上缴及付款方式:
1、上缴标准:该工程项目劳务管理费为人民币壹拾万元整,由乙方上缴,如乙方能达到按该项目部与建设方所签订的合同中的质量、进度要求,则甲方按管理费的____ %返回乙方作为奖励。
付款方式:上缴劳务管理费按两次付清,即主体完工前付50%,装修完工前付50%。
五、乙方的职责
1、乙方提供相关的证件及资质,配合乙方办理相关手续。
协调处理施工过程中的劳务纠纷及工伤事故。
六、乙方的职责:
1、全面履行__________________公司与_________________-建筑施工有限责任公司签订的项目施工合同。并承担该合同条款中乙方应承担的全部责任与义务。
2、确保所有分项工程的质量、进度、安全达到项目部与建设方签订的合同要求。如达不到则按管理费的50%进行处罚。
七、本合同未尽事宜,双方通过协商,可另签订补充条款,与本合同具有同等法律效力。
八、本合同一式六份,甲乙双方各执三份,经双方签字生效,至工程完工,双方结清劳务管理费后失效。
甲方:_______________________乙方:________________________
甲方代表:__________________ 乙方代表:__________________
英文合同模板 篇10
CONTRACT FOR IRANIAN OIL EXPLORATION SERVICE
伊朗石油勘探开发服务合同
EXPLORATION SERVICE CONTRACT FOR BLOCK between NATIONAL IRANIAN OIL COMPANY and CORPORATION
伊朗国家石油公司 与石油公司 区块勘探服务合同
Table of Contents目 录
ARTICLE 1 DEFINITIONS第1条 定义
ARTICLE 2 CONTRACTOR's REPRESENTATIVE OFFICE第2条 承包商办事处
ARTICLE 3 OBJECT OF THE CONTRACT第3条 合同宗旨
ARTICLE 4 TERM OF THE CONTRACT第4条 合同期限
ARTICLE 5 EXPLORATION OPERATIONS 第5条 勘探作业
ARTICLE 6 FINANCING, EXPLORATION EXPENDITURES, REIMBURSEMENT AND PAYMENTS
第6条 资金、勘探费用、回收和支付
ARTICLE 7 CONDUCT OF OPERATIONS 第7条 作业实施
ARTICLE 8 CONTRACTOR’S OBLIGATIONS 第8条 承包商的义务
ARTICLE 9 SUB-CONTRACTORS 第9 条分包商
ARTICLE 10 PROGRAMMING AND BUDGETING第10条 计划和预算
ARTICLE 11 BOOKS, ACCOUNTS, VERIFICATION AND AUDITING
第11条 账簿、账户、审核和审计
ARTICLE 12 N.I.O.C's TITLE TO LAND AND PROPERTY
第12条 N.I.O.C.对土地和财产的所有权
ARTICLE 13 COMMERCIAL FIELD第13条 有商业价值的油(气)田
ARTICLE 14 LAND, WATER AND SERVITUDE 第14条 土地、水与地役权
ARTICLE 15 UTILIZATION OF IRANIAN CONTENT第15条 伊朗资源的利用
ARTICLE 16 IMPORTS AND EXPORTS 第16条 进口和出口
ARTICLE 17 CURRENCY EXCHANGE RATES第17条 汇率
ARTICLE 18 ASSIGNMENT 第18条 转让
ARTICLE 19 LIABILITY AND INSURANCE第19条 责任和保险
ARTICLE 20 FORCE MAJEURE第20条 不可抗力
ARTICLE 21 WAIVERS 第21条 弃权
ARTICLE 22 GOVERNING LAW 第22条 适用法律
ARTICLE 23 ARBITRATION第23条 仲裁
ARTICLE 24 CONTINUITY OF OPERATIONS第24条 作业的连续性
ARTICLE 25 TERMINATION 第25条 合同终止
ARTICLE 26 N.I.O.C'S POWER OF CONTROL 第26条 N.I.O.C.的控制权
ARTICLE 27 SAFETY, HEALTH AND ENVIRONMENT第27条 安全、健康和环境
ARTICLE 28 CONFIDENTIALITY第28条 保密
ARTICLE 29 HEADING AND AMENDMENTS第29条 标题与修订
ARTICLE 30 NOTICE第30条 通知
APPENDIX ACCOUNTING PROCEDURES附录 会计程序
Service Contract服务合同
This Service Contract entered into in Tehran on the day of.
BETWEEN
NATIONAL IRANIAN OIL COMPANY a company existing under the laws of IR of Iran (hereinafter referred to as "N.I.O.C") on the one hand and CORPORATION a company incorporated in (hereinafter referred to as "Contractor"), on the other hand,N.I.O.C and Contractor herein are referred to either individually as "Party" or collectively as "Parties".
WHEREAS N.I.O.C desires to secure the cooperation and services of a qualified contractor to carry out, on its behalf and in its name, certain Exploration perations within the Contract Area specified in the Appendix A hereof.
WHEREAS CONTRACTOR has expressed its willingness to perform such Exploration Operations in the manner specified in this Service Contract, and is prepared to provide the funding for and bear the sole risk of Exploration Operations on its own account.
WHEREAS CONTRACTOR has the financial capability, and technical competence necessary for fulfilling the obligations set out hereinafter.
NOW THEREFORE, it is hereby agreed between N.I.O.C and Contractor as follows:
本服务合同由依照伊朗伊斯兰共和国法律成立的伊朗国家石油公司(以下简称N.I.O.C.)与公司(以下简称承包商)于在伊朗德黑兰订立。
N.I.O.C.和承包商在下文中单独被称为“一方当事人”,合称为“双方当事人”。
鉴于N.I.O.C.愿意寻找一合格的承包商代表其利益并以其名义在本合同附件A所指定的合同区域内实施一定的勘探作业。
鉴于承包商愿意按本合同所规定的形式实施勘探作业,并准备提供资金和独立承担勘探作业的风险。
鉴于承包商具备履行以下所述义务所必需的资金能力和技术能力。
基于此,N.I.O.C.与承包商同意以下条款:
ARTICLE 1 DEFINITIONS第1条 定义
Unless the context otherwise requires the following definitions of certain terms hereinafter used shall apply for the purpose of this Service Contract.
除非本合同另有规定,本条所使用的术语具有以下定义。
(i) "Accepted Accounting Practices" shall mean accounting principles, practices and methods that are generally accepted and recognized in the international petroleum industry.
“通用会计惯例”系指国际石油工业公认和认可的会计准则、会计实务和会计方法。
(ii) "Affiliate" means any company or legal entity, which (i) controls either directly or indirectly Contractor, or (ii) which is controlled directly or ndirectly by Contractor, or (iii) is directly or indirectly controlled by a company or entity which directly or indirectly controls Contractor. "Control" means the right to xercise more than fifty percent (50%) of the voting rights in the appointment of the directors of such company or entity.
“关联公司”系指任何一个具有下列条件之一的公司或法律实体:(i)直接或间接控制承包商,或(ii)被承包商直接或间接控制,或(iii)被承包商的公司或实体直接或间接控制。 “控制”系指对该公司或法律实体的董事的任命有50%以上的表决权。
(iii) "Bank Charges" means the bank charges as defined in the Accounting Procedures “银行费用”系指会计程序中所规定的银行费用。
(iv) "Barrel" means a volume of forty two (42) U.S. Gallons at sixty (60) degrees Fahrenheit and at normal atmospheric pressure.
“桶”系指在 60华氏度和正常大气压条件下42美式加仑的容积。
(v) "Capital Costs" means all costs of Exploration Operations incurred by on tractor for carrying out the project until conclusion of Exploration Operations in accordance with the generally accepted principles commonly practiced in the
international petroleum industry which shall include any and all cost incurred by Contractor except Non-Capital Costs.
“资本成本”系指承包商依照国际石油工业界普遍采用和通行的规则实施勘探作业直至勘探作业结束,由承包商承担的除非资本成本以外所有勘探作业成本。
(vi)"Commercial Field" means commercial field as described in Article 13 of this Service Contract.
“商业价值油田”系指本合同第13条所述的具有商业价值的油田。
(vii) "Condensate" means all liquid hydrocarbons, regardless of gravity, produced and recovered from the Contract Area as a liquid during all process necessary to reach the commercial specifications of Natural Gas.
“凝析油”: 是指从合同区生产回收的,经过处理达到商业标准的所有液态烃,无论其密度如何。
(viii) "Contract Area" means the area covered by this Service Contract, and described in Appendix A attached hereto and made a part hereof.
“合同区域”是指本合同和作为本合同不可分割部分的附件A所描述的区域。
(ix) "Contractor" means China Petrochemical Corporation, its legal successors, or any permitted assignee or assignees of any rights and obligations of Contractor. “承包商“系指中国石油化工集团公司及其合法承继者,或任何许可的可履行合同权利和义务的受让人。
(x) "Controllable Material" means material which, in accordance with generally Accepted Accounting Practices, Contractor elects to record, control and inventory.
A list of types of such material shall be furnished to N.I.O.C by Contractor within one month of the Effective Date.
“可控制材料”系指按照公认的会计准则,承包商所记录、控制和库存的材料。这些材料的分类清单应在合同生效后一个月内提交N.I.O.C.。
(xi) "Crude Oil" means all liquid hydrocarbons, regardless of gravity, including crude petroleum, produced and recovered from the Contract Area, as a liquid at atmospheric pressure fourteen and seven tenths (14. 7) pounds per square inch absolute and ambient temperature.
“原油”是指所有液态烃 ,无论密度如何,包括合同区生产和回收的,在常温、常压(每平方英寸十四点七磅)下的液态油。
(xii) "Cubic Meter" means one (1) cubic meter at sixty (60) degrees Fahrenheit and at normal atmospheric pressure.
“立方米”指在正常大气压和60华氏度条件下的一立方米。
(xiii) "Date of Commerciality" means the first day of the month following the date on which N.I.O.C approves that a Commercial Field has been established according to Article 23.
“商业日期”系指N.I.O.C.依照第23条的规定批准有商业价值的油田建立的次月的第一天。
(xiv) "Development Service Contract" means development service contract, model form which is attached hereto as Appendix E, that will be negotiated between Contractor and N.I.O.C in case of discovery of a Commercial Field.
“开发服务合同”系指本合同附件E所列的文本,该合同将在发现有商业价值的油田,由承包商和NIOC协商。
(xv) "Effective Date" means the date on which this Service Contract, being duly signed by the Parties is approved by the respective authorities.
“生效日”系指当事人双方正式签订本合同后,获得各自权利(力)机构批准的日期。
(xvi) "Exploration Expenditure(s)" means all expenditures made and paid by
Contractor necessary to carry out the Exploration Operations covered by this Service Contract comprising Capital Costs and Non-Capital Costs, as determined in accordance with the Accounting Procedure.
“勘探费用”系指承包商为实施本合同所述勘探作业按照会计程序所发生和支付的必要费用,包括资本成本和非资本成本。
(xvii) "Exploration Operations" means all or any of the operations conducted by Contractor as authorized or envisaged under this Service Contract.
“勘探作业”系指承包商执行的本合同项下的所有作业。
(xviii) "Exploration Period" means the period of time as defined in Article 4 of this Contract.
“勘探期”指本合同第4条所规定的期间。
(xix) "Financial Year" means a Gregorian calendar year of twelve (12)
consecutive months commencing on January 1st of each year respectively. The first financial year shall commence on the Effective Date of this Service Contract and end on 31st December of the same year.
“财政年度”系指自公历1月1日起的十二个连续公历月。本合同的第一个财政年度应始于合同生效日止于当年的12月31日。
()"Land" means any land whether submerged or not.
“土地”系指任何土地,包括被淹没或未淹没的土地。
(i) "Material and Equipment" means Property, (with the exception of Land) including without limitation all facilities, supplies and equipment, acquired and held for use in Exploration Operations by the Contractor.
“材料和设备”包括(土地除外)但不限于承包商为实施勘探作业获得和使用的所有设施、材料和设备。
(ii) "Natural Gas" means the gaseous affluent in its natural state including all of the liquefiable constituent thereof resulting from the production of Petroleum. “天然气”系指在石油开采过程中生产的、自然状态为气态的物质及其可液化成份。
英文合同模板 篇11
编号: no:
日期: date :
签约地点: signed at:
卖方:sellers:
地址:address: 邮政编码:postal code:
电话:tel:传真:fax:
买方:buyers:
地址:address: 邮政编码:postal code:
电话:tel:传真:fax:
买卖双方同意按下列条款由卖方出售,买方购进下列货物:
the sellers agrees to sell and the buyer agrees to buy the undermentioned goods on the terms and conditions stated below:
1 货号article no.
2 品名及规格description&specification
3 数量 quantity
4 单价unit price
5 总值:
数量及总值均有_____%增减,由卖方决定。
total amount
with _____% more or less both in amount and quantity allowed at the sellers option.
6 生产国和制造厂家country of origin and manufacturer
7 包装:packing:
8 唛头:shipping marks:
9 装运期限:time of shipment:
10 装运口岸:port of loading:
11 目思的口岸:port of destination:
12 保险:由卖方按发票全额110%投保至_____为止_____险。
insurance:to be effected by buyers for 110% of full invoice value covering _____ up to _____ only.
13 付款条件:
买方须于_____年_____月_____日将保兑,不可撤销,可转让可分割即期信用证开到卖方。 信用证议付有效期延至上列装运期后15天在中国到期,该信用证中必须注明允许分运及转运。
payment:
by confirmed, irrevocable, transferable and divisible l/c to be available by sight draft to reach the sellers before ___/___/_____ and to remainvalid for ingotiation in china until 15 days after the aforesaid time of shipment. tje l/c must specify that transhipmeent and partial shipments are allowed.
14 单据:documents:
15 装运条件:terms of shipment:
16 品质与数量、重量异义与索赔:quality/quantity discrepancy and claim:
英文合同模板 篇12
THIS AGREEMENT OF LEASE is made on this 16th day of December 20xxby and BETWEEN:
Mrs. Ghazala Waheed w/o Abdul Waheed, Adult, R/o House No.-*, DHA, Lahore Cantt, (hereinafter to as the LESSOR of the ONE PART).And Mr.* ,R/o China, refereed to as the LESSEE of the OTHER PART.(Expression “LESSOR”and “LESSEE” wherever the context so permit shall always mean and include their respective heirs, successors legal representative and assignees).
WHEREAS the LESSOR is the lawful owner and in lawful possession of House No,-*,DHA,Lahore Cantt, consisting of 4 Bedrooms with bath, D/D,TV; Lounge, Kitchen, Store, Servant, Quarter together with fixtures and fitting (hereinafter collectively called the DEMISED PREMISES).
AND WHEREAS the LESSOR has agreed the lease and the LESSEE has agreed to take on lease the DEMISED PREMISES on the terms and condition as given below:
1. This agreement in only valid if LESSEE is renewed and extended for the lease period.
2. The LESSOR lets LESSEE takes the DEMISSED PREMISES for a period of 12 months Commencing from 15th January 20xx. The Lease is renewable for a further period as may be mutually agreed in writing on expiry of the lease period
3. The rent of the DEMISED PREMISES shall be USD3,300/-(US dollars Three Thousand and Three hundred Only) per month
4. The LESSOR hereby acknowledges receipt of the sum of USD.19,800/-(US dollars Nineteen Thousand and eight Hundred Only) per month.
5. It is hereby agreed between the parties that the LESSEE shall pay the aforesaid monthly rent
USD. 3,300/-(US dollars Three Thousand and Three hundred Only) as the monthly rental advance by 20th of each calendar month for which if is due after completion of advance rent period ending on 15th July 20xx.
6. That the LESSOR hereby acknowledges receipt of the sum of Rs.60,000/-(Rupees Sixty Thousand Only) from the LESSEE as FIXED EDPOSIT SECURITY which shall be refunded to the LESSEE on giving back the vacant possession of the DEMISED PREMISES after deduction of damages/shortages outstanding bills for Electricity, Water, Gas and Telephone charges etc, against the DEMISED PREMISES.
THE LESSEE HERBY CONVENANTS WITH LESSOR AS FOLLOWING:
To pay to the LESSOR the rent hereby reserved in the manner before mentioned.
Signature: Signature:
Stamp: Stamp:
Date: Date:
英文合同模板 篇13
DATED 20[ ] 20[ ]年[ ]月[ ]日
JOINT VENTURE CONTRACT 合资经营合同
- by and between - 由
[PARTY A NAME](甲方名称)
PARTY A甲方
- and -- 与 -
[PARTY B NAME](乙方名称)
PARTY B乙方
IN RESPECT OF签订
TABLE OF CONTENT目录
1. DEFINITIONS AND INTERPRETATION 11. 定义和解释 1
2. PARTIES TO THE CONTRACT 1 2. 合同双方 1
3. ESTABLISHMENT OF THE COMPANY 2 3. 成立合营公司 2
4. PURPOSE, SCOPE AND SCALE OF OPERATION 3 4. 宗旨、经营范围及运营规模 2
5. TOTAL INVESTMENT AND REGISTERED CAPITAL 3 5. 投资总额和注册资本 3
6. BUSINESS PLANNING AND APPROVALS 10 6. 业务计划和批准 7
7. RESPONSIBILITIES OF THE PARTIES 12 7. 双方负责的事宜 8
8. BOARD OF DIRECTORS 13 8. 董事会 9
9. OPERATION AND MANAGEMENT 22 9. 经营管理 15
10. MARKETING AND SALES 23 10. 市场营销 16
11. EQUIPMENT AND SERVICE PROCUREMENT 2311. 设备及服务的采购 16
12. INTELLECTUAL PROPERTY 2412. 知识产权 17
13. NON-COMPETITION 25 13. 不竞争 18
14. SITE 2614. 经营场所 19
15. LABOUR MANAGEMENT 27 15. 劳动管理 19
16. FINANCIAL AFFAIRS AND ACCOUNTING 2716. 财务与会计 19
17. TAXATION AND INSURANCE 29 17. 税收和保险 21
18. REPRESENTATIONS AND WARRANTIES 30 18. 陈述及担保 21
19. THE JOINT VENTURE TERM 3119. 合营期限 22
20. TERMINATION, DISSOLUTION,
BUYOUT AND LIQUIDATION 3220.终止、解散、相互收购股份及清算 22
21. BREACH OF CONTRACT 3721. 违约 26
22. CONFIDENTIALITY 37 22. 保密义务 26
23. FORCE MAJEURE 38 23. 不可抗力 27
24. SETTLEMENT OF DISPUTES 3924. 争议的解决 28
25. MISCELLANEOUS PROVISIONS 4225. 其他规定 30
SCHEDULE A - DEFINITIONS AND INTERPRETATION 45 26. 附录一 32
SCHEDULE B - ANCILLARY CONTRACTS 51 27. 附录二 37
SCHEDULE C - CAPITAL CONTRIBUTION SCHEDULE 52 28. 附录三 38
SCHEDULE D - ADDITIONAL PERMITS 54 29. 附录四 39
SCHEDULE E - TAX CONCESSIONS 55 30. 附录五 40
CAVEATS AND DRAFTING NOTES 5631. 注意事项与说明 42
THIS CONTRACT ("Contract") is made in [city and province], China on this [●] day of [●],
200[●] by and between [Party A name], [Party A entity form] established and existing under the
laws of China, with its [legal address] at [address] (hereinafter referred to as "Party A"), and [Party
B name], [Party B entity form] organized and existing under the laws of [Party B jurisdiction of
incorporation] with its [registered address] at [address] (hereinafter referred to as "Party B").
本合同(“本合同”)于200[·]年[·]月[·]日由以下双方在[地点]签订:[甲方名称],
一家根据中华人民共和国法律组建并存续的[甲方组织形式],[法定地址]为[甲方[法定地址]]
(以下简称“甲方”);和[乙方名称],一家根据[乙方所在国]法律组建及存续的[乙方组织形
式],[注册地址]为[乙方[注册]地址](以下简称“乙方”)
Party A and Party B shall hereinafter be referred to individually as a "Party" and collectively as
the "Parties".
甲方和乙方以下单独称为“一方”,合称为“双方”。
PRELIMINARY STATEMENT 前言
After friendly consultations conducted in accordance with the principles of equality and
mutual benefit, the Parties have agreed to establish an equity joint venture in accordance with the
EJV Law and the EJV Implementing Regulations, other Applicable Laws, and the provisions of
this Contract.
双方本着平等互利的原则,经友好协商,依照《中华人民共和国中外合资经营
企业法》、《中华人民共和国中外合资经营企业法实施条例》以及其他相关法律,同意按照本
合同的条款,组建合营企业。
NOW THE PARTIES HEREBY AGREE AS FOLLOWS: 双方特此协议如下:
1. DEFINITIONS AND INTERPRETATION 1. 定义和解释
Unless the terms or context of this Contract otherwise provide, this Contract shall
be interpreted in accordance with, and each of the terms used herein shall have the meaning
ascribed to it in Schedule
A. 除非本合同条款或上下文另有所指,本合同应按照附录一进行解释,并且
本合同中所有相关术语的定义见附录一。
2. PARTIES TO THE CONTRACT 2. 合同双方
2.1 Particulars of Parties 2.1 本合同双方的具体情况:
The Parties to this Contract are: 本合同的双方为:
(a) Party A, [Party A name] (in Chinese: [(Chinese name)]), [Party A entity form]
established and existing under the laws of China with its legal address at [Party A legal address]
(in Chinese: [(Chinese address)]). (a)
甲方:[甲方名称](英文书写:[(英文名称)],一家根据中华人民共和国法律
组建并存续的[甲方组织形式],法定地址[甲方法定地址](英文书写:[(英文住址)]。
[Legal] [Authorized] Representative of Party A: 甲方[法定][授权]代表人:
Name: [Party A rep name] (in Chinese: [(Chinese Name)] 姓名:
[甲方代表姓名](英文书写:[(英文姓名)]
Title: [Party A rep position] 职务: [甲方代表职务]
Nationality: Chinese 国籍: 中国
(b) Party B, [Party B name], [Party B entity form] organized and existing under the
laws of [Party B jurisdiction of incorporation] with its registered address at [Party B registered
address]. (b)
乙方:[乙方名称](英文书写:[(英文名称)],一家根据[乙方所在国]法律组
建并存续的[乙方组织形式],注册地址[乙方注册地址](英文书写:[(英文住址)]
Authorized Representative of Party B: 乙方授权代表人:
Name: [Party B rep name] 姓名: [乙方代表姓名](英文书写:[(英文姓名)]
Title: [Party B rep position] 职务: [乙方代表职务]
Nationality: [Party B rep nationality] 国籍: [乙方代表国籍]
2.2 Parties' Authorised Representatives 2.2 双方的授权代表的更换
Each Party shall have the right to change its legal or authorized representative and
shall promptly notify the other Party of such change and the name, position and nationality of its
new legal or authorized representative.
双方有权撤换其各自的法定代表人或授权代表,并应将新法定代表人或授权代表的
姓名、职位和国籍及时通知另一方。
3. ESTABLISHMENT OF THE COMPANY 3. 成立合营公司
3.1 Establishment of Company 3.1 合营公司的设立
The Parties hereby agree to establish the Company promptly after the Effective
Date in accordance with the EJV Law, the EJV Implementing Regulations, other Applicable Laws,
and the provisions of this Contract.
双方特此同意在本合同生效后依照合资企业法、合资企业法实施条例、其他相关法律以
及本合同的条款及时成立合营公司。
3.2 Name of Company 3.2 合营公司的名称
The name of the Company shall be “[JV Chinese name]” in Chinese, and
“[JV name]” in English. 合营公司的中文名称为“[ ]”,英文名称为“[ ]”。
3.3 Company Legal Address 3.3 合营公司的法定地址
The legal address of the Company shall be [JV legal address], China (in Chinese:
[Chinese address]).
合营公司的法定地址为中国[合营公司法定地址],(英文书写:[英文地址])。
3.4 Company Branch Offices 3.4 合营公司的分支机构
The Company may establish branch offices inside China and overseas
with the consent of the Board and approval from the relevant
governmental authorities. 合营公司经董事会决议并经有关政府机关批准可在
国内外成立分支机构。
3.5 Limited Liability Company 3.5 有限责任公司
The form of organization of the Company shall be a limited liability company.
[Neither Party shall have any liability to the Company except to the extent of its agreed capital
contributions. The Company shall be liable to its creditors to the extent of its assets.]
合营公司的组织形式为有限责任公司。[任何一方仅以其出资额为限对合营公司承担责任。
合营公司应以其资产对其债权人承担责任。]
3.6 Chinese Laws Applicable 3.6 适用中国相关法律
The Company shall be a legal person under the laws of China. The Company shall
be subject to the jurisdiction of and shall be protected by all relevant laws, decrees
and rules and regulations of China. The activities of the Company shall comply
with the Applicable Laws of China.
合营公司按照中国法律为独立法人。合营公司受中国相关法律的管辖和保护。
合营公司的活动应该遵守中国的相关法律。
4. PURPOSE, SCOPE AND SCALE OF OPERATION 4. 宗旨、经营范围及运营
规模
4.1 Purpose of Joint Venture 4.1 合营公司的宗旨
The purpose of the joint venture shall be to utilize the combined technological, management,
operational and marketing strengths of the Parties within the approved scope of business of the
Company to achieve good economic results and a return on investment satisfactory to the Parties.
合营公司的宗旨是结合双方在技术、管理、运营以及营销方面的优势,在合营
公司经批准的经营范围内开展业务,以取得良好的经济效益以及令双方满意的投资回报。
4.2 Scope of Business 4.2 经营范围
The scope of business of the Company shall be to [design, manufacture and market [JV
products] [to provide [●] services.]
合营公司的经营范围是[设计、制造以及营销[合营产品]并提供[·]合营服务。]
4.3 Business Plan 4.3 业务计划
The Business Plan of the Company shall be established by the Board in view of actual market conditions, expected sales volumes, the employees' ability
to absorb new technology and any other factors considered important by the Board.
Such plan may be expanded or reduced by the Board from time to time in light of
market and other relevant conditions.
合营公司的业务计划由董事会在考虑市场实际情况、预计的产品销售额、雇员
吸收新技术的能力以及其他董事会认为重要的因素后确定。该业务计划可由董事会不时根据
市场行情以及其他相关的`情况予以扩大或缩小。
4.4 Independent Entity 4.4 独立实体
The Company shall conduct its business as an independent economic entity and
will operate autonomously.
合营公司作为独立的经济实体开展业务,自主经营。
5. TOTAL INVESTMENT AND REGISTERED CAPITAL 5. 投资总额和注册资
本
5.1 Total Investment Amount 5.1 投资总额
The total amount of investment required by the Company is presently
estimated by the Parties to be [total investment amount].
双方目前估计合营公司所需的投资总额为[ ]。
5.2 Registered Capital Amount 5.2 注册资本
The Company's registered capital shall be [registered capital
amount]. 合营公司注册资本为[ ]。
5.3 Contributions to Capital 5.3 出资
(a) Party A's contribution to the registered capital of the Company
shall be [Party A registered capital contribution], representing a
[Party A equity share percentage] share of the registered capital of
the Company. (a) 甲方对合营公司注册资本的出资为[ ],占合营公司注册资本
份额的百分之[ ]。
(b) Party B's contribution to the registered capital of the Company shall be
[Party B registered capital contribution], representing a [Party B equity share
percentage] share of the registered capital of the Company. (b) 乙方对合营公司注册资本的出资为[ ],占合营公司注册资本份额的百分之[ ]。
5.4 Payment of Registered Capital; Conditions Precedent 5.4
注册资本的缴付;先决条件
(a) Subject to Article 5.4(c) below, each Party shall make its contribution to the registered capital of the Company in accordance with the schedule set forth in Schedule C. (a) 在遵循以下第5.4(c)条规定的前提下,每一方应按照附录三中规定的时间表及条件缴付其认缴的注册资本。
(b) Subject to Article 5.4(c) below, in the event that a Party failsto make its capital contribution, in whole or in part, in accordance with the provisions of this Contract, such Party shall be liable to pay simple interest to the Company at a rate equal to
[default interest rate] per annum on the unpaid amount from the time due until the time the full outstanding amount including penaltyinterest is paid to and received by the Company. (b)
在遵循以下第5.4(c)条规定的前提下,如果一方未依照本合同的条款全额或部分出资,则该方应就欠缴的出资额按年利率[
]的单利向合营公司支付罚息,计息期为该笔出资的应缴日期至该笔出资及罚息全额支付,并由合营公司收到之日。
(c) Neither Party shall have any obligation to make its contribution
to the Company's registered capital until it has received each of
the following documents: (c) 在一方收到以下各份文件之前,该方没有向合营公司缴付出资的义务:
(i) a copy of the Approval Letter and the Approval Certificate
approving this Contract and the Articles of Association without
的批复和批准证书,且其中没有对本合同和公司章程作实质性修改;
(ii) a copy of the Business License incorporating the business scope
set out in Article 4.2 without Material Modification. (ii) 载有本合同第4.2 条所述经营范围的营业执照,且其中对上述经营范围无实质性修改。 (d) If the Approval Letter, Approval Certificate or the Business
License (each being an “Approval Document”) is issued with a
Material Modification, the Parties shall consult together to
determine whether: (d)
如果批复、批准证书或营业执照(合称“批准文件”)中某一份含有对相关内容的实质性修改,则双方应共同协商并做出以下决定之一:
(i) to accept such Material Modification and waive the corresponding
condition precedent in Article 5.4(c), or (i)
接受这些实质性修改,并且放弃第5.4(c)条所载相应的先决条件,或者 (ii) to apply to the relevant government departments to have such
Approval Document amended and re-issued in a form which remedies the Material Modification to the satisfaction of both Parties. (ii)
向相关政府机关申请,对该份批准文件以双方均可接受的方式进行修订,并且重新颁发。
In addition, if the Approval Letter and/or the Approval Certificate
is issued with a Material Modification, and the Parties do not agree
英文合同模板 篇14
房屋买卖合同英文
Property Sale and Purchase Contract
(房屋买卖合同)
This Sale and Purchase Contract (the “Sale Contract” or this “Contract”) isentered into this ____ day of May, 20 :
BY AND BETWEEN
The Seller:
Legal Representative: Wang Xialin
Address:
Tel:
Buyer:
Passport No.:
Address:
Tel:
Each of Seller and Buyer is individually referred to herein as a “Party” andcollectively referred to herein as the “Parties”。
RECITALS
WHEREAS, Seller is the owner of the property of 14D, Building 3, Park ViewTower; Seller desires to sell to Buyer, and Buyer desires to acquire fromSeller, the entire ownership of the property and its associated granted land useright (the “Property”, as defined more specifically in Article 2 of this SaleContract);
NOW, THEREFORE, after friendly negotiations and in consideration of theProperty and the mutual covenants contained herein, the Parties hereby agree asfollows:
Article I Representations, Warranties and Covenants
1.1 Seller hereby represents and warrants that Seller is the duly registeredowner of the Property and possesses the complete beneficiary ownership rights tothe Property. The Property is free from any encumbrance, including but notlimited to mortgages and any other third party‘s interest and/or other debtdisputes.
1.2 Seller shall transfer the Property and its title deeds to Buyer inaccordance with the terms of this Contract.
Article II The Property
1.1 The Property is located at ___________________________________, Beijing.The Property Ownership Certificate No.: __________________, the Gross Floor Areaof the Property is ______________ square meters. The Land Use Right CertificateNo.: ________________, the Land Use Right Area is __________square meters withan expiration date of ___________.
Article III Purchase Price
Seller agrees to sell to Buyer, and Buyer agrees to purchase from Seller theProperty at an aggregate price of RMB ______________ (“Purchase Price”)
Article IV Payment Method and Title Transfer Procedure
1.1 Any payment of the Purchase Price under this Contract shall be made inRMB by Buyer in accordance with this Contract. Any bank fees or charges incurreddue to the payment should be borne by Buyer; any bank fees or charges incurreddue to the receipt of the payment imposed by the Seller‘s Bank should be borneby Seller. Seller’s designated Bank Account is described below:
Bank name:
Account name:
Account No: 204009978
1.2 Both Seller and Buyer appoint and fully authorize Law Firm (the“Lawyer”) to apply for the transfer of the title deeds of the Property and payrelevant taxes and fees and to take any other action and sign any documentnecessary to complete the above transfers promptly.
1.3 Within three (3) working days after the execution of this Contract, Buyershall pay to Seller, as an advance payment, fifty percent (50%) of the PurchasePrice, i.e. RMB ____________ (the “Advance Payment”)
1.4 Buyer shall pay, as the remaining payment, the other fifty percent (50%)of the Purchase Price, i.e. RMB ___________ (the “Remaining Payment”), byapplying for the second hand property mortgage loan from the Bank (the “Bank”)The Bank sould directly pay all mortgage loan to Seller‘s bank account asdescribed above.
1.4.1 Within ten (10) working days after the execution of this Contract,Buyer shall sign the mortgage loan agreement and other relevant documents withthe Bank, and get approval from the bank with respect to the mortgage loanapplication for the Remaining Payment. Buyer shall hand over the photocopies ofthe above-mentioned documents to the Lawyer.
1.4.2 Within ten (10) working days after the execution of this Contract, bothParties and the Bank shall sign a tri-party agreement (the “Tri-partyAgreement”) in which the Bank agrees to release the loan (equivalent to theRemaining Payment) to Seller‘s account directly. Buyer shall hand over thephotocopy of the Tri-party Agreement to the Lawyer.
1.4.3 After Seller confirms the receipt of the Advance Payment, and uponreceipt by the Lawyer of all of the documents and taxes and fees from bothParties as described in Article 6 and Article 7 of this Contract, and withinthree (3) working days after the documents mentioned in Article 4.4 above areprovided to the Lawyer, Lawyer shall submit the transfer application (with allnecessary supporting documents) of the Property Ownership Certificate to BeijingConstruction Committee Real Estate Exchange Center (the “Center”) Within three(3) working days after the transfer of the Property Ownership Certificate iscompleted, Lawyer shall submit the transfer application (with all necessarysupporting documents) of the Land Use Right Certificate to Beijing Land &Resource Bureau.
1.4.4 After the Property Ownership Certificate and the Land Use RightCertificate are transferred to Buyer, and after Lawyer receives all the originalcertificates, Lawyer shall provide to the Bank with these certificates inaccordance with the terms of the Tri-party Agreement. The bank, who will applyfor the mortgage registration of the Property, shall release the loan (RemainingPayment) directly to Seller once the mortgage registration is completed.
1.4.5 In case that the Bank has not approved the drawdown of the loan or theloan paid to Seller is less than the Remaining Payment within two (2) monthsafter Lawyer provides the Property Ownership Certificate and the Land Use RightCertificate to the Bank, Buyer agrees to make full payment of the RemainingPayment within five (5) working days after the above-mentioned two (2) monthsperiod expires.
Article V Taxes and fees
Except as otherwise provided therein, each Party shall be responsible for andshall pay all taxes and fees resulting from or payable in connection with thetransactions contemplated in this Contract as are imposed upon such Party by PRCLaw.
英文合同模板 篇15
关于英文合同(转)来源: 郑旭江的日志
合同条款常用英文词汇
买方 buyer
卖方 seller
项目名称 Project name
地址 address
电话 phone
传真 fax
联系人 contact person
本合同由买卖双方签订,根据本合同条款,买方同意购买,卖方同意出售以下产品。This contract is made by and between the buyers and sellers, whereby the buyers agree to buy and the sellers agree to sell the under-mentioned. Commodities according to the terms and conditions stipulated below.
1. 详细货物清单 Detail supply list
2. 合同价格 Contract value
序号 item 型号 model 尺寸 size, dimension 数量 amount, unit 单价 unit price 总价 total price 备注 remark 货物,运费 freight, transportation 合同总额(含安装费与税金) Contract amount incl. VAT installation
3. 付款条件 payment conditions, payment terms
4. 交货地点 delivery place
5. 发货期 delivery time
6. 安装条款 installation clause
7. 验收条款 inspection clause
8. 保证条款 guarantee clause
9. 不可抗拒条款 Force Majeure Clause
10. 违约条款 Breach clause
11. 其他条款 Miscellaneous clause
12. 买卖双方信息 buyer and seller information
此合同一式二份,由双方各持一正本。This contract is made in two originals that should be held by each party.
涉外合同格式
涉外合同按繁简不同,尽管可以采取不同书面形式,如正式合同(Contract)、协议书(Agreement)、确认书(Confirmation)、备忘录(Memorandum)、订单(Order)等等,但是一般都包含如下几个部分:
一、合同名称(Title)
二、前文(Preamble)
1. 订约日期和地点
Date and place of signing
2. 合同当事人及其国籍、主营业所或住所
Signing parties and their nationalities, principal place of business or residence addresses
3. 当事人合法依据
Each party's authority,比如,该公司是“按当地法律正式组织而存在的”(a corporation duly organized and existing under the laws of )
4. 订约缘由/说明条款
Recitals or WHEREAS clause
三、本文(Body)
1. 定义条款(Definition clause)
2. 基本条款(Basic conditions)
3. 一般条款(General terms and conditions)
a. 合同有效期(Duration)
b. 合同的终止(Termination)
c. 不可抗力(Force Majeure)
d. 合同的让与(Assignment)
e. 仲裁(Arbitration)
f. 适用的法律(Governing law)
g. 诉讼管辖(Jurisdiction)
h. 通知手续(Notice)
i. 合同修改(Amendment)
j. 其它(Others)
四、结尾条款(WITNESS clause)
1. 结尾语,包括份数、使用的文字和效力等(Concluding sentence)
2. 签名(Signature)
3. 盖印(Seal)
以上的格式和内容并非一成不变,当事人可以根据各自交易情况做出调整或增删。
合同范本
销售代理合同
Sales Agency Agreement
合同号:
NO:
日期:
Date:
为在平等互利的基础上发展贸易,有关方按下列条件签订本协议:
This Agreement is entered into between the parties concerned on the basis of equality and mutual benefit to develop business on terms and conditions mutually agreed upon as follows:
1. 订约人 Contracting Parties
供货人(以下称甲方):
销售代理人(以下称乙方):
甲方委托乙方为销售代理人,推销下列商品。
Supplier: (hereinafter called "party A")
Agent:(hereinafter called "party B")
Party A hereby appoint Party B to act as his selling agent to sell the commodity mentioned below.
2. 商品名称及数量或金额 Commodity and Quantity or Amount
双方约定,乙方在协议有效期内, 销售不少于商品。
It is mutually agreed that Party B shall undertake to sell not less than…… of the aforesaid commodity in the duration of this Agreement.
3. 经销地区 Territory
只限在……。
In …… only.
4. 订单的确认 Confirmation of Orders
本协议所规定商品的数量、价格及装运条件等,应在每笔交易中确认,其细目应在双方签订的.销售协议书中作出规定。
The quantities, prices and shipments of the commodities stated in this Agreement shall be confirmed in each transaction, the particulars of which are to be specified in the Sales Confirmation signed by the two parties hereto.
5. 付款 Payment
订单确认之后,乙方须按照有关确认书所规定的时间开立以甲方为受益人的保兑的、不可撤销的即期信用证。乙方开出信用证后,应立即通知甲方,以便甲方准备交货。
After confirmation of the order, Party B shall arrange to open a confirmed, irrevocable L/C available by draft at sight in favour of Party A within the time stipulated in the relevant S/C. Party B shall also notify Party A immediately after L/C is opened so that Party
A can get prepared for delivery.
6. 佣金 Commission
在本协议期满时,若乙方完成了第二款所规定的数额,甲方应按装运货物所收到的发票累计总金额付给乙方*%的佣金。
Upon the expiration of the Agreement and Party B's fullfilment of the total turnover mentioned in Article 2, Party A shall pay to Party B…… % commission on the basis of the aggregate amount of the invoice value against the shipments effected.
7. 市场情况报告 Reports on Market Conditions
乙方每3个月向甲方提供一次有关当时市场情况和用户意见的详细报告。同时,乙方应随时向甲方提供其他供应商的类似商品样品及其价格、销售情况和广告资料。
Party B shall forward once every three months to party A detailed reports on current market conditions and of consumers' comments. Meanwhile, Party B shall,from time to time, send to party A samples of similar commodities offered by other suppliers, together with their prices, sales information and advertising materials.
8. 宣传广告费用 Advertising & Publicity Expenses
在本协议有效期内,乙方在上述经销地区所作广告宣传的一切费用,由乙方自理。乙方须事先向甲方提供宣传广告的图案及文字说明,由甲方审阅同意。
Party B shall bear all expenses for advertising and publicity within the aforementioned territory in the duration of this Agreement and submit to Party A all patterns and/or drawings and description for prior approval.
9. 协议有效期 Validity of Agreement
本协议经双方签字后生效,有效期为天,自至.若一方希望延长本协议,则须在本协议期满前1个月书面通知另一方,经双方协商决定。
若协议一方未履行协议条款,另一方有权终止协议。
This Agreement, after its being signed by the parties concerned, shall remain in force for…… days from …… to …… If either Party wishes to extend this Agreement, he shall notice, in writing, the other party one month prior to its expiration. The matter shall be decided by the agreement and by consent of the parties hereto. Should either party fail to implement the terms and conditions herein, the other party is entitled to terminate this Agreement.
10. 仲裁 Arbitration
在履行协议过程中,如产生争议,双方应友好协商解决。若通过友好协商达不成协议,则提交中国国际贸易促进委员会对外贸易仲裁委员会,根据该会仲裁程序暂行规定进行仲裁。该委员会的决定是终局的,对双方均具有约束力。仲裁费用,除另有规定外,由败诉一方负担。
All disputes arising from the execution of this Agreement shall be settled through friendly consultations. In case no settlement can be reached, the case in dispute shall then be submitted to the Foreign Trade Arbitration Commission of the China Council for the Promotion of International Trade for arbitration in accordance with its provisional rules of procedure. The decision made by this Commission shall be regarded as final and binding upon both parties. Arbitration fees shall be borne by the losing party ,unless otherwise awarded.
11. 其他条款 Other Terms & Conditions
(1) 甲方不得向经销地区其他买主供应本协议所规定的商品。如有询价,当转达给乙方洽办。若有买主希望从甲方直接订购,甲方可以供货,但甲方须将有关销售确认书副本寄给乙方,并按所达成交易的发票金额给予乙方*%的佣金。
Party A shall not supply the contracted commodity to any other buyer(s) in the above mentioned territory. Direct enquiries, if any, will be referred to Party B. However, should any other buyers wish to deal with Party A directly, Party A may do so. But party
A shall send to Party B a copy of Sales Confirmation and give Party B……% commission on the basis of the net invoice value of the transaction(s)concluded.
(2) 若乙方在*月内未能向甲方提供至少订货,甲方不承担本协议的义务。